Electricity Act, 1910, Section 39, 44 -- Theft of electricity - PWs have not deposed with complete confidence about alleged theft of electricity and use of artificial means by appellant - Most of testimonies are based on estimation, presumption, approximation or possibilities - Nothing has been brought on record to show that meter had been injured or tampered with - None..........
Electricity Act, 2003, Section 135, Legal Services Authorities Act, 1987, Section 22 -- Theft of electricity - Jurisdiction of Permanent Lok Adalat - Permanent Lok Adalat cannot interfere in a matter where petitioner/Punjab State Power Corporation has issued notice u/s 135 of Electricity Act alleging theft of electricity...........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Property involved in the case is live electric wire, which is not ordinarily available in the market let alone in shops, as material objects are exclusively used by Electricity Department on making special order directly to Industries manufacturing them - Material objects were recovered from possession of A-1 to..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Dismissal of application - Theft of electricity - Jurisdiction of Civil Court - There is no bar to jurisdiction of Civil Court after the order is passed by forum created by defendants - No ground to interfere made out - Application rightly dismissed...........
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..........
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 135, 126 -- Unauthorised use of electricity - Where there is no theft of energy amounting to unauthorised use of electricity, in such cases, no complaint of theft can be lodged as contemplated u/s 135 of the Act and it is always open for authorities to assess loss of energy by resorting to power u/s 126(1) of the Act - However, where..........
Electricity Act, 2003, Section 151, Criminal Procedure Code, 1973, Section 193 -- Theft of electricity - Cognizance of offence by Special Court without any order of committal - Validity - Special Court is empowered to take cognizance without there being an order of committal as contemplated u/s 193 Cr.P.C, as there is an express provision in S.151 Proviso of Electricity..........
