Electricity Act, 2003, Section 135, 126 -- Unauthorized use of electricity - Notice for unauthorized use of electricity and assessment of an amount is only a provisional assessment and cannot be taken as final - Petitioner is entitled to join issues and if he has any grievance that he did not have adequate opportunity to contest the assessment in impugned notice, it may..........
Electricity Act, 2003, Section 135 -- Theft of electricity - Imposition of penalty - Failure to lead any evidence to establish commission of theft - Held, there is no basis for imposing penalty by the defendants...........
Electricity Act, 2003, Section 135 -- Theft of electricity - Petitioner was found stealing electricity with the help of artificial means and electricity was being used directly without any meter - Petitioner served with a notice u/s 135 of Act as it was a case of theft of electricity - Petitioner cannot claim notice for provisional assessment and opportunity of hearing as..........
Electricity Act, 2003, Section 135(1A), 154(6) -- Theft of electricity - Deposit of compounding charges - Does not lead to restoration of supply - Compounding charges and civil liability are distinct - Electricity connection is to be restored on payment of amount determined as per 3rd proviso to S.135 (1-A) of the Act...........
Electricity Act, 2003, Section 135 -- Theft of electricity - Penalty or assessment - Jurisdiction of civil Court - Act provides a complete hierarchy for dealing with the matters with regard to theft of electricity or penalty to be imposed or assessment to be made by the Assessing Officer in connection with theft of electricity - In case of theft of electricity assessment..........
Electricity Act, 2003, Section 135, 138, 151, Criminal Procedure Code, 1973, Section 154 -- FIR - Lodging of - Held, even when Magistrate is to take cognizance when a complaint is filed before it, that would not mean that no other avenue is open and complaint/FIR cannot be lodged with police - If offence under Cr.P.C. is cognizable, provisions of Chapter XII containing..........
Electricity Act, 2003, Section 135 -- Conviction - Appeal - Matter referred to mediation Center - Matter settled between parties and respondent company has got the dues - Respondent has no objection to dispose of appeal as settled/compounded - Held, since terms and conditions of settlement have been complied with - Accused acquitted...........
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 2(15), 135(1) -- Electricity - Consumer - A consumer would be even a person whose premises are for the time being connected for purpose of receiving electricity with a work of licensee...........
