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1 - 6 of 6 (0.20 seconds)Section 135 in The Electricity Act, 2003 [Entire Act]
The Electricity Act, 2003
The Electricity (Supply) Act, 1948
J.M.D. Alloys Ltd vs Bihar State Electricity Board & Ors on 6 March, 2003
This
brings the Court to consider the matter on the aspect of contention
qua non-collection of wooden plank used for tilting device so as to
prevent the recording of consumption of electricity energy. The
learned advocate for the petitioner was categorically called upon to
indicate any such provision in the applicable Act, which could be
said to be pari-materia to Section 135(2)(b) of the Electricity Act.
Assuming without holding for the sake of examining that even as per
the common law practice, such a requirement is to be read into rules
or provisions, then also, looking to the modus-operandi for
preventing the meter recording of energy of consumption and
Appellate Committee s endorsing thereof, this Court is of the view
that the non-collection of wooden plank, which was used as prop for
tilting device, cannot tilt the balance in favour of the petitioner
so as to interfere with the order impugned. The checking sheet
produced on the record along with its recording that the person
present refused to sign the checking sheet and modus-operendi of
taking the meter or remove the meter from its original place and
placing it on a tilted device itself, is sufficient to discard the
contention raised on behalf of the petitioner qua any impropriety in
recording the scene of occurrence or the operation of
device, so as to prevent recording consumption of electricity. The
Court is of the considered view that the counsel for the respondent
has rightly indicated that this Court, while exercising jurisdiction
under Article 226, has to bear in mind the limited scope as
prescribed by the Supreme Court in case of J.M.D. Alloys Ltd
(supra).
Torrent Power Aec Ltd. vs Gayatri Intermediates Pvt. Ltd. on 13 April, 2006
Learned advocate
appearing for the respondent thereafter contended that the fact
remains to be noted that though the Electricity Act, 2003 came into
existence and enforced from 10.6.2003 but so far as, in case of
Gujarat is concerned, as could be seen from the detailed findings
and observations recorded by the Division Bench of this Court in
case of Torrent Power A.E.C. Ltd. Vs. Gayatri Intermediates
Pvt. Ltd, reported in 2006(2) 1580
and the observations made in para nos. 19 and 21, the theft cases
prior to the year 2004 were governed by the provisions and
conditions of supply under the old provisions and new provisions of
Electricity Act, 2003 did not have any room to play.
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