Arbitration and Conciliation Act, 1996, Section 11(6), Electricity Act, 2003, Section 86(1)(f) -- Appointment of arbitrator - S.86(1)(f) of 2003 Act is a special provision which overrides the general provisions contained S.11 of 1996 Act...........
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...........
CCTV Cameras -- Installation in Police Stations - System to be equipped with night vision and must necessarily consist of audio as well as video footage - In case there is no electricity in the area then State/U.T. to provide electricity, including solar/wind power...........
Doctrine of legitimate expectation -- Rebate/deduction from electricity duty - State had made a representation to respondent and similarly situated industrial units under Industrial Policy 2012 - This representation gave rise to a legitimate expectation on their behalf, that they would be offered a 50 per cent rebate/deduction in electricity duty for the next five years -..........
Electricity -- Rebate/deduction from electricity duty - Plea of doctrine of unjust enrichment - Respondent specifically asserted in the petition that burden of differential amount of electricity duty, realized by State from respondent, was not passed by respondent to its customers, either directly or indirectly or in any other manner - Respondent thus, cannot be deprived..........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Electricity dues where they are statutory in character under Electricity Act as per terms and conditions of supply cannot be waived in view of S.56 of Electricity Act and cannot partake character of dues of purely contractual nature...........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Property sold on `as is where is, whatever there is and without recourse basis' - Where in E-auction sale notice, existence of electricity dues whether quantified or not has been specifically mentioned as liability of purchaser and sale is on `as is where is, whatever there is and without..........
Electricity Act, 2003, Section 43 -- Recovery of amount - Deemed incentive - Power Purchase Agreement by Board with Corporation, wherein former was to purchase and later to supply - Tariff for sale was to be determined by Central Government - Prior to power purchase agreement, notification issued that Units using naphtha to receive incentives - Later said notification..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for mandatory injunction was filed by plaintiff which was dismissed - Appeal against the same also dismissed, but special liberty was granted to plaintiff to apply for new electricity connection - Subsequent suit for permanent injunction filed alleging that plaintiff was being granted such electricity..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Categorical case of plaintiffs is that they are in possession over suit property through a registered sale deed executed in favour of their father - Various documents in shape of electricity connection and other receipts were filed by defendant which was disbelieved by trial Court - Even otherwise, such..........
