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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be granted by any other authority..........
Electricity Act, 2003, Section 126(3), 127, Limitation Act, 1963, Section 14, 29(2) -- Appeal - Applicability of Limitation Act - Once the Scheme of Electricity Act in conjunction with prescription of different limitation period for different forum in a different manner is read, it is unambiguously clear that applicability of the provisions of Limitation Act is not..........
Electricity Act, 2003, Section 126(5), (As - - Unauthorised use of electricity - Ascertainment - S.126(5) of Amendment Act, 2007 provides that method of calculation taking 12 months limit only when the unauthorised use of electricity is not ascertainable - However, after amendment, if period of unauthorised use of electricity is ascertainable confining calculation to..........
Electricity Act, 2003, Section 164, Telegraph Act, 1885, Section 10, Andhra Pradesh Works of Licensees Rules, 2007, Rule 3, Constitution of India, 1950, Article 300A -- Transmission lines over agricultural land - Laying of - Non-compliance of procedure - Telangana State Transmission Corporation laying 400 KV power transmission lines through properties of petitioner - As..........
Contract -- Execution of Power Project Agreement - Challenge as to - Judicial commission of inquiry - Allegations as regards to corruption, bribery, fraud and misrepresentation in awarding contract - Foreign company which was involved has abandoned the project - Project is virtually working at half capacity and rate of production of electricity is so high that project has..........
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Consumer Protection Act, 1986, Section 23 -- Deficiency in service - Electricity connection granted after a decade of submitting test report - Appellant suffered hardship and inconvenience as a result of an unexplained delay of one decade on the part of respondents in granting electricity connection - After submission of test report, no further steps were required to be..........
