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U.P.Power Corporation Ltd. & Ors vs Anis Ahmad on 1 July, 2013

64. This Court in Uttar Pradesh Power Corporation Limited v. Anis Ahmad reported in (2013) 8 SCC 491, held that the Supply Code cannot provide for nor does it relate to assessment of charges for 'unauthorised use of electricity' under Section 126 of the Act, 2003. Paras 53 and Page 31 of 39 Downloaded on : Wed Feb 08 20:31:09 IST 2023 C/SCA/9035/2018 JUDGMENT DATED: 01/02/2023 54 resply of the said judgment state as follow:
Supreme Court of India Cites 38 - Cited by 1216 - Full Document

M/S Hyderabad Vanaspathi Limited vs Andhra Pradesh State Electricity Board ... on 1 April, 1998

Thus, the expression "malpractices" has to be construed in its proper perspective and normally may not amount to theft of electricity as contemplated under Section 135 of the 2003 Act. Such acts/malpractices would fall within the mischief of unauthorised use of electricity as stipulated under Section 126 of the 2003 Act. Cases of pilferage of electricity by adopting malpractices which patently may not be a theft would be the cases that would fall within the jurisdiction of the Board in furtherance to the terms and conditions of supply. Reference in this regard can be made to the judgment of this Court in Hyderabad Vanaspathi Ltd. v. A.P. SEB [(1998) 4 SCC 470] Page 20 of 39 Downloaded on : Wed Feb 08 20:31:09 IST 2023 C/SCA/9035/2018 JUDGMENT DATED: 01/02/2023
Supreme Court of India Cites 48 - Cited by 100 - Full Document
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