Electricity -- Penalty - Fake seals found on meter while checking - Penalty imposed for theft of electricity - Meter carrying fake seals removed - Meter not sent to ME Lab - It amounts to gross violation of the commercial circular that all meters removed against any meter change order are to sent to the ME Lab in a sealed card-Board Box duly signed by the concerned PSEB..........
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..........
Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Development charges - Deductions - Validity - Respondents had not even suggested that development envisaged by Reference Court i.e. laying of roads, drains, sewer lines, parks, electricity lines etc. or any other development work was required to be undertaken for laying Railway line - Held, 25% deduction..........
Electricity Act, 1910, Section 50, 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Acquittal - Validity - Held, any prosecution if lodged by perso, i, charge of particular area of Electricity Department his capacity would be enveloped under definition `person aggrieved' of Electricity Department to launch prosecution against person accused of theft of..........
Electricity Act, 2003, Section 10 -- Clubbing two connections - Internal audit objection - Raising of supplementary or initial bill - Any internal audit objection is only an opinion and cannot be by itself a justification for raising of supplementary or initial bill - Concerned authorities are required to examine whether there should have been clubbing of two connections..........
Electricity Act, 2003, Section 126 -- Unauthorized use of electricity - Imposition of penalty u/s 126 can be made not only on registered consumer but also on any other person indulging in unauthorized use of electricity...........
Electricity Act, 2003, Section 126(3) -- Assessment order - Opportunity of hearing - Assessment order passed without giving an opportunity of hearing to petitioner - S.126(3) of the Act is mandatory in nature - By not providing opportunity of hearing to petitioner, assessment order passed has resulted in miscarriage of justice - Valuable right of petitioner was taken away..........
Electricity Act, 1910, Section 26 -- Electricity - Meter - Correctness of recording of consumption - Statutory protection - There is no allegation that plaintiff practiced fraud or tampered with meter or other electrical apparatus provided for recording supply of electricity - There is dispute as to proper functioning of meter - Held, plaintiff is entitled to statutory..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining from disconnecting/shifting/transferring the electric tubewell connection - Tubewell connection installed in the land of plaintiff - However, electric connection in the name of defendant, who is an ex serviceman - Connection allotted to defendant under a special category by relaxing rules - A..........
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...........
