Electricity -- Penalty - Fake seals found on meter while checking - Penalty imposed for theft of electricity - Meter carrying fake seals removed - Meter not sent to ME Lab - It amounts to gross violation of the commercial circular that all meters removed against any meter change order are to sent to the ME Lab in a sealed card-Board Box duly signed by the concerned PSEB..........
Electricity Act, 1910, Section 50, 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Acquittal - Validity - Held, any prosecution if lodged by perso, i, charge of particular area of Electricity Department his capacity would be enveloped under definition `person aggrieved' of Electricity Department to launch prosecution against person accused of theft of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining from disconnecting/shifting/transferring the electric tubewell connection - Tubewell connection installed in the land of plaintiff - However, electric connection in the name of defendant, who is an ex serviceman - Connection allotted to defendant under a special category by relaxing rules - A..........
Electricity Act, 2003, Section 135, 138 - - Theft of electricity - When no, functional meter was removed from writ petitioners' premises meter or its seal was not found to be tampered - After such removal it was not kept in any sealed cover and was immediately sent to supplier company for testing - Meter was to be tested either in Board's lab or an independent lab as..........
Consumer Protection Act, 1986, Section 2(1)(b), 2(1)(c), 2(1)(d), 2(1)(o), Electricity Act, 2003, Section 126, 135, 136, 137, 138, 139, 140 -- Unauthorised use of electricity or theft of electricity - Consumer complaint against final order of assessment u/s 126 and against any action taken u/ss 135 to 140 of Electricity Act is not maintainable before the Consumer Forum -..........
Electricity Act, 2003, Section 126, 127, 145 -- Theft of electricity - Inspecting Team found petitioner stealing electricity - Assessment order served upon petitioner - After disconnection petitioner did not set up any claim before the competent authority but filed the suit for injunction - Held, civil court has no jurisdiction...........
Electricity Act, 2003, Section 135 -- Electricity - Theft - Seals of meter body were not at place where they were supposed to be, but they were lying down - As per laboratory report, it was found that the seals were broken on account of rusting and there was no tampering in the seal nor any mark on the female part of the seal found - Merely because reverse lock was not in..........
Electricity Act, 2003, Section 135, 138 -- Theft of electricity - Proof - Meter and super transformer was in the name of a partnership firm, wherein accused was only one of the partners among six partners - Only respondent has been made accused - Held, it was primary duty of appellant to establish the fact that only respondent was responsible for commission of offence -..........
Electricity Act, 2003, Section 135,2(15) -- Theft of electricity by Tenant - Liability of owner - Contention of owner that he was not consumer/user of premises and thus not liable - Held, as per S.2(15) r/w S.135 of the Act both user and owner of premises fall under definition of consumer - Hence, appellant/owner of premises liable to be punished for illegal abstraction..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Conviction - Quantum of sentence - Appellant repeatedly indulging in theft of electricity either as user or taking plea of owner and abetting running of industrial units where electricity used as essential ingredients - Appellant liable to undergo sentence and pay fine as stated...........
