Electricity Act, 2003, Section 126, 135 -- Unauthorized use of electricity - Once Board detects case of unauthorized use of electricity by any consumer, Board gets cause of action to proceed against any person/consumer u/s 126 and/or 135 of the Act - Both Ss.126, 135 of the Act are independent in all respects and provide different kind of liability and consequences, as one..........
Electricity Act, 2003, Section 127, 126 -- Appeal - Order/demand raised u/s 126 of the Act - Right of appeal - Once Act itself is applicable to controversy in question, all provisions of Act would be applicable, including right to appeal to Appellate Authority - Consumer thus, has right to appeal u/s 127 of the Act against an order passed by Board u/s 126 of the Act...........
Criminal Procedure Code, 1973, Section 126(2) -- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls for no interference...........
Electricity Act, 2003, Section 126, 127, Constitution of India, 1950, Article 226 -- Unauthorized use of electricity - Jurisdiction - Against an order passed u/s 126 of Electricity Act, the jurisdiction to hear an appeal is only in Appellate Authority constituted u/s 127 of Electricity Act - High Court need not in exercise of its powers u/art.226 of Constitution interfere..........
Electricity Act, 2003, Section 126, 127 -- Unauthorized use of electricity - Penalty - Board permitted consumer to function with unauthorized load that was detected in premises - Inaction on part of Board to take timely action against consumer with object of regularising an irregularity that was noticed virtually amounted to a dereliction of duty for consequences of which..........
Electricity Act, 2003, Section 126, 127, 135 -- Unauthorised use of electricity - Civil suit for declaration - Maintainability - Declaration of demand notice in respect of electricity connection installed in premises of plaintiff as illegal, null and void - Plaintiff is involved in abstraction of electricity with dishonest intention without authorization - Therefore, order..........
Evidence Act, 1872, Section 126 -- Fiduciary relationship - Nothing in Section is protected from disclose relating to any such communication made in furtherance of any illegal purpose; any fact observed by any barrister, pleader, attorney or vakil in course of his employment as such, showing that any crime or fraud has been committed since commencement of his employment -..........
Maharashtra Regional and Town Planning Act, 1966, Section 126, 127, Land Acquisition Act, 1894, Section 6 -- Requisition the land for development - High Court refused to grant prayer based on notice given by appellant to respondents u/s 127 of MRTP Act - Maintainability - Both parties want that to be the basis for resolving the controversy - For this reason, appellant is..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Electricity Act, 2003, Section 154, 126 -- Return of plaint by civil Court for filing it before Special Tribunal constituted under Electricity Act - Bar of civil suit under Act of 2003 will occur only if there is challenge to assessment procedure u/s 126 of 2003 Act - Hence, ouster of jurisdiction of civil Court is..........
Maharashtra Regional and Town Planning Act, 1966, Section 88, 126, 127 -- Reservation of land - In the instant case, land was reserved for public purpose under Town Planning Scheme - Hence, Plea of landowner that reservation of land stood lapse as 6 months period has passed after service of notice u/s 127 of the Act is not tenable - Appeal dismissed...........
