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..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Electricity supply disconnected by landlord without any just and sufficient cause - Even though there appears to be some dispute regarding rate of rent but that by itself was not sufficient ground and could not have been made basis for landlord to disconnect electricity supply to premises..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 11(3) -- Eviction petition - Disconnection of electricity supply - Electricity supply was disconnected on the ground that tenant failed to pay electricity charges - Even this fact by itself would not be a sufficient ground to disconnect electricity supply more particularly when it is proved on record that there is..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden fight between parties started in the heat of passion upon a sudden quarrel - Occurrence was without pre-meditation - Accused and co-accused were not pre-armed - Deceased sustained as many as nine injuries except injury Nos.1 to 3, caused on head and all other injuries..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Inter se allegations of parties of not cooking food, not paying certain electricity charges, house tax etc. for some time on account of business loss, having ego issues, about difference in educational qualifications etc., are nothing more than a normal wear and tear of an ordinary..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner appointed only to know exact details of electricity connection - It cannot be inferred that evidence is collected for deciding issue - Application rightly allowed...........
Electricity Act, 2003, Section 86(1)(f), 95 -- Power Purchase Agreement (PPA) - Termination of agreement by seller - Agreement entered into between appellant/seller and procurer for purchase and sale of power supply on the basis of commitment given to it by Gujarat Mineral Development Corporation (GMDC) - Since GMDC failed to abide by its commitment and not executed Fuel..........
Electricity Act, 2003, Section 65 -- Power Purchase Agreement (PPA) - Termination of agreement by seller - Compensatory tariff - Determination - Appellant/seller even after termination of PPA continued to take project to its logical end - Seller must have incurred huge expenditure on the same - Expenditure towards running of project after obtaining coal from open market..........
Electricity Act, 2003, Section 49 -- Arrears of dues - Demand from previous owner - Electricity arrears does not constitute a charge on property in which the connection is installed and therefore a transferee of premises cannot be held liable to pay dues as were liable to be paid by previous owner/occupier thereof, yet, once a statutory rule or terms and conditions of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........
