Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Power Grid Corporation - Erection of electric towers on private property - Held, electricity is necessary for national development as well as for welfare of citizens - This can happen only if electricity generated at one part is transmitted to that part where it is needed - Transmission is..........
Electricity Act, 2003, Section 126, 127, 154(5) -- Theft of electricity - Disconnection - Suit for injunction - Jurisdiction of civil Court - Held, when once an order has been passed by Assessing Officer while following procedure prescribed u/s.126 of the Act, civil Court would have no jurisdiction before plaintiff exhausts all remedies as provided u/s.127 of the Act -..........
Bihar Re-Organization Act, 2000, Section 89,62, Civil Procedure Code, 1908, Section 20 -- Re-organisation of Jharkhand - Pending proceedings - Transfer of - Declaratory suit for reinstatement decreed - Plaintiffs workmen in Power Plant situated in area falling in State of Jharkhand after re-organisation - On appointed date appeal against decree pending in Court in Bihar -..........
Civil Procedure Code, 1908, Section 80 -- Bihar State Electricity Board - Notice - Held, neither Bihar State Electricity Board would be `Government' nor would its officers would be considered as `Public Officers' for purpose of S.80 CPC - Service of notice upon defendants was not required - Therefore, even if no notice has been served u/s 80 CPC in this case that would not..........
Electricity -- Demand of electricity consumption charges - Defective meter - One of the face of electric meter not working - Suit filed raising challenge against demand of electricity consumption charges on the ground that one of the phase of the electric meter are not working - No prior notice given to plaintiff before raising demand to enable him to submit his objections..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Evidence of both the parties closed - Documents sought to be produced on record by way of additional evidence are judgment of Civil Court, electricity bill and ration card - These documents cannot be manufactured by the plaintiff after closure of his evidence - Additional evidence allowed..........
Electricity Act, 2003, Section 135, 126 -- Electricity - Theft - Imposition of punishment or fine or both on conviction for an offence u/s 135 has nothing to do with civil liability i.e. the levy of electricity charges for unauthorised use of electricity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Electricity Act, 2004, Section 54, Electricity (Supply) Act, 1948, Section 42, Telegraph Act, 1885, Section 10 -- Laying electric head lines - Temporary injunction to restrain defendants from laying the over head electric lines etc. - The licensee under the Electricity Act and the Telegraph Act does not acquire any land, it..........
Electricity Act, 2003, Section 154(5) -- Electricity - Theft - Civil liability - Determination - By itself is not `decree' passed by civil Court - But it is only by fiction of law that such liability is to be recovered as if it was a decree of Civil Court...........
Electricity Act, 2003, Section 154(5) -- Electricity - Theft - Civil liability - Special Court has to determine civil liability even if no prayer for determination for such a liability is made by either party...........
