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1 - 10 of 10 (0.26 seconds)The Code of Criminal Procedure, 1973
Section 52 in The Electricity Act, 2003 [Entire Act]
State Bank Of Travancore vs M/S Kingston Computers(I) P.Ltd on 22 February, 2011
14. As per recent judgment of Hon'ble Supreme
Court of India in State Bank of Travancore Vs. Kingston Computers (I)
P.Ltd. III (2011) SLT 53, the letter of authority issued by the C.E.O of
the company, was nothing but a scrap of paper. Such an authority is
not recognized under law, as such complaint was not instituted by an
authorized person. The present complaint was filed by Sh. C. B.
CC No: 28/08
Police Station: Darya Ganj
BYPL Vs. Wasim 14
Sharma stated to be authorized representative of company but later
on, other authorized representative were substituted to pursue this
complaint. The minutes of the board authorizing Sh. Arun Kanchan
C.E.O of the company to authorize any of the officer of the company
to file or represent the complaint were not proved by the company.
Most importantly, Sh. C. B. Sharma, officer of the company, who had
filed this complaint and mentioned in the list of witnesses was not
examined in the court either, so the complaint Ex. CW1/B remains
unproved on record.
The Indian Evidence Act, 1872
Section 135 in The Electricity Act, 2003 [Entire Act]
Bses Rajdhani Power Ltd vs Sunheri & Anr. on 20 July, 2012
As per complaint, pre - summoning evidence and
depositions of witnesses examined in the court, mentioned that
photographs videography was conducted by member of raiding team,
but none of the witnesses deposed that who actually took the same.
The person who actually took the photographs was not examined by
the company. As per the recent judgment of Hon'ble High Court in
2012 (4) JCC 2713 titled as BSES Rajdhani Power Ltd. Vs. Sunheri &
Ors., the non production of the photographer was held to be fatal to
the case of the company.
The Companies Act, 1956
Bses Rajdhani Power Ltd. vs Ruggan on 22 March, 2012
10. The company was under obligation to prove
as to who was in the actual possession of the inspected premises at
the time of inspection. The company failed to prove that it was
accused Wasim or Wasi Akhtar who was the user of the premises.
So, as per recent judgment of Hon'ble High Court in Crl.A.No.
816/2010 decided on 22.03.2012 titled as BSES Rajdhani Power Ltd
Vs. Ruggan, the accused did not fall within the ambit of "WHOEVER"
as enumerated U/S 135 of the Electricity Act, 2003 and in this case
also judgment of trial court was affirmed acquitting the accused on the
aforesaid count.
Krishnan And Anr vs State Rep. By Inspector Of Police on 28 July, 2003
11. As per Regulation 52 (Vii) of Delhi Electricity
Supply Code and Performance Standards Regulations 2007 "in case
of direct theft of electricity licensee shall file the complaint within 2
days in the designated Special Court. The complaint in the present
case was filed on 08.01.2008 after about 3 months of inspection.
Prompt and early reporting of the occurrence by the informant with all
CC No: 28/08
Police Station: Darya Ganj
BYPL Vs. Wasim 12
its vivid details gives an assurance regarding truth of its version.
Undoubtedly, delay in lodging the FIR does not make the complainant
case improbable when such delay is properly explained. However,
delay in lodging the complaint is always fatal to prosecution case
(Krishnan Vs. State AIR 2003 SC 2978).
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