Electricity Act, 2003, Section 135, 145 -- Theft of electricity - Jurisdiction of Civil Court - There is a specific bar under which jurisdiction of Civil Court to entertain suits/proceedings in respect of matters falling u/s 126 of the Act is expressly barred - Even, qua the final assessment order, Civil Court has no jurisdiction to deal with declaration suit pertaining to..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - Business of tenant in premises can only be carried out in case necessary returns under sales Tax/VAT as were required at that time have been filed - However, no reliance placed on electricity bills or statements of witnesses from electricity board or oral..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused being inspector in DESU demanded Rs.2000 for supply of electricity to PW2 - Currency notes were given to accused in a polythene bag - Presence of PW3, panch witness on the spot remains unchallenged - PW2, PW3 and PW5 (inspector) affirmed that accused produced currency notes given by PW2 to..........
Telegraph Act, 1885, Section 16, 10, Electricity Act, 2003, Section 164, Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining defendant from erecting poles on any part of suit lands without following due process of law - District Magistrate granted necessary permission - 80% work already complete - Order granting interim injunction set aside..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13 -- Eviction petition - Arrears of rent - Tenant himself agreed to pay in writing vide compromise to pay Rs.1.50 lakh p.m as rent - Therefore, he cannot be permitted wriggle out from same on cryptic and false pleas that landlord did not sign necessary papers for conversion of basement and..........
Service -- Misconduct - Dismissal from service - Charges of illegal gratification - Acquittal of respondent in criminal proceedings was due to no, availability of any evidence before criminal Court - However, order of dismissal in departmental proceedings was on basis of a report of inquiry officer before whom there was ample evidence against respondent - Evidence..........
Injunction -- Dispute of electricity connection - Electric motor connection are installed in land jointly owned by plaintiff and defendant - Joint land has not been partitioned between the parties - Connections in question were installed in joint land coupled with that payment with regard to extension of load was made vide receipts in possession of plaintiff and pass..........
Electricity Act, 2003, Section 126(6)(b)(iii) -- Unauthorised use of electricity - Tampered meter - Use of energy through a tampered meter is included in definition of Unauthorised use of electricity - Authorities under the Act thus, empowered to make a provisional and final assessment by invoking power u/s 126(1) of the Act, even in cases where electricity is..........
Electricity Act, 2003, Section 126, 154 -- Unauthorised use of electricity - Merely because Special Court is empowered to determine civil liability u/s 154(4) of the Act, in cases where a complaint is lodged, it cannot be said that there is no power conferred on authorities to make provisional assessment/final assessment u/s 126 of the Act...........
Electricity Act, 2003, Section 126, 154(5) -- Power conferred on authorities for making assessment u/s 126(1) of the Act and power to determine civil liability u/s 154(5) of the Act, cannot be said to be parallel to each other...........
