Electricity Act, 2003, Section 126, 127, 135, 53 -- Theft of energy or unauthorized use of electricity - Electricity Board was taking an action for recovery of Rs.39,400/- and demanding sum to be paid within 15 days - Held, petitioner was entitled to assume that Electricity Board was treating case as an order of assessment u/s.126 and was justified in preferring appeal..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 152 -- Electricity theft - Compounding of offence - Penalty - Admitted on behalf the petitioner that no notice for compounding offence had been issued - Obviously the Respondent did not have the opportunity to apply for compounding of the same - Findings by the Fora below concluding that the..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 2003, Section 152 -- Electricity theft - Compounding of offence - Penalty - Admitted on behalf the petitioner that no notice for compounding offence had been issued - Obviously the Respondent did not have the opportunity to apply for compounding of the same - Findings by the Fora below concluding that the..........
Electricity Act, 2003, Section 135(1)(b), 151, Criminal Procedure Code, 1973, Section 460 -- Theft of electricity - Cognizance of offence by Magistrate on police report is only violation of procedure - Effect on entire proceedings - Held, mere violation of procedure in absence of any prejudice to accused resulting in failure of justice would not vitiate entire proceeding -..........
Electricity Act, 2003, Section 135(1)(b) -- Theft of electricity - Conviction - Propriety - 1st appellant is consumer and 2nd appellant is in no way connected with electricity service connection - Conviction on the ground that he happens to be son of 1st appellant - Held, he cannot be held responsible for alleged tampering of the meter only on the ground that he is son of..........
Electricity Act, 2003, Section 135(1)(b) -- Theft of electricity - Loss was assessed at Rs.54,331 - 1st appellant has already paid demanded amount of Rs.54,000/- to the electricity board - He does not have any bad antecedent - He is now aged about 65 years - Held, substantive sentence of imprisonment imposed by trial Court is set aside, instead, he is sentenced to pay a..........
Insurance claim -- Theft of mobiles - Repudiation - On the ground that there was element of force or violence not present in the case - Held that when the lock of the godown was found on the street and that the culprit was convicted by Criminal Court u/s 454 IPC it may be gathered that element of force was present when the culprit entered the premises of the godown - It is..........
Insurance claim -- Theft of mobiles - Repudiation - On the ground that there was element of force or violence not present in the case - Held that when the lock of the godown was found on the street and that the culprit was convicted by Criminal Court u/s 454 IPC it may be gathered that element of force was present when the culprit entered the premises of the godown - It is..........
Insurance claim -- Theft of mobiles - Repudiation - On the ground that there was element of force or violence not present in the case - Held that when the lock of the godown was found on the street and that the culprit was convicted by Criminal Court u/S.454 IPC it may be gathered that element of force was present when the culprit entered the premises of the godown - It..........
Indian Penal Code, 1860, Section 378 -- Theft - Possession - Meaning of - Held, 'possession' is a polymorphous term which may have different meanings in different contexts - 'Possession' implies physical capacity to deal with thing as possessor likes to exclusion of every one and a determination to exercise that physical power on his own behalf - In some context,..........
