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1 - 10 of 18 (0.37 seconds)Section 135 in The Electricity Act, 2003 [Entire Act]
The Electricity Act, 2003
Section 150 in The Electricity Act, 2003 [Entire Act]
Section 140 in The Electricity Act, 2003 [Entire Act]
Section 155 in The Electricity Act, 2003 [Entire Act]
The Companies Act, 1956
Section 151 in The Electricity Act, 2003 [Entire Act]
Hindustan Petroleum Corporation Ltd. vs Bses Rajdhani Power Ltd. And Anr. on 12 March, 2007
In this context, a
reliance can be had upon the judgment reported in a case entitled as
Hindustan Petroleum Corporation Ltd. Vs BSES Rajdhani Power Ltd. &
Anr. 138 (2007) DLT 679, it was held by the Hon'ble High Court that
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respondent no.2 was merely licensee of petitioner to sell petrol as dealer
of petitioner to the petitioner is a principal agent selling petrol on petrol
pump and petrol pump belongs to the petitioner. If adulterated petrol or
less petrol sold to customers by tampering with pump meter or electricity
stolen, it is the responsibility of the petitioner to do regular inspection
and keep check on petrol pump. Petitioner cannot wash off its hands
saying it has nothing to do with petrol pump once it gave license.
Petitioner has not stated of taking any action against respondent no.2
when it discovered theft of electricity to the extent that meter was slow by
more than 80%. That shows electricity stolen either with connivance of
petitioner or consent of petitioner. Where, theft of electricity done at
premises of principal agent by licensee and principal agent is keeping its
eyes closed to theft or other similar things done by licensee, charge of
abatement of offence prima facie made out. Abatement is not only done
by positive act but abatement can also be done by omission to do positive
act by one who is responsible to act. Power U/sec. 482 Cr.P.C to be
exercised sparingly and in rarest of rare cases, therefore, complaint not
liable to be quashed.
Sodhi Transport Co. & Anr. Etc. Etc vs State Of U.P. & Anr. Etc. Etc on 20 March, 1986
''...The evidence required to shift the burden need not necessarily be
direct evidence i.e. oral or documentary evidence or admissions made by
opposite party; it may comprise circumstantial evidence or
presumptions of law or fact....''
In the case of M/s Sodhi Transport Co. and another Vs. State of
U.P. and another reported as AIR 1986 Supreme Court 1099, it was held by
the Hon'ble Supreme Court of India that :