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1 - 10 of 14 (0.47 seconds)(Smt.) Smita Pandurang Dalvi, Of Bombay ... vs Ratnakar Dattatraya Patade, Of Bombay, ... on 26 February, 2002
19. The Hon'ble Supreme Court in Jagannath
Singh vs. B.S.Ramaswamy (1996) 1 SCR 885 has held that the
existence of artificial means for abstracting energy can only give rise
to a presumption that there had been a dishonest abstraction. The
supplier would still have to show that the consumer is responsible for
such tampering,
M/S Modern Rice Mill vs Mvvnl And Another on 19 October, 2011
22. Now a days, meter installed for consumers
are electronic meters provided by companies like L&T Secure
Meter, L&G, Genus and Caife. Admittedly these are digital
computerized meters functioning with the support of a Base Computer
Software, specially designed by the manufacturing company for the
same. Such a software cannot be controlled by an external device
unless such external device is fully compatible with the specially
designed software and is loaded with the supporting software for
external device. Unless specially designed software is known to a
stranger, no one can place anything so as to make the computerized
meter to function on the command of a stranger device. Learned
counsel for company could not tell as to in what manner such a device
could have worked without cracking the lock system of Base
Computer Software. M/s. Modern Rice Mill Vs. MVVNL & Another
in WRIT-C.No. 52054/10 by the Hon'ble High Court of Allahabad.
Ashok Kumar Gupta , Vidya Sagar Gupta & ... vs State Of U.P. & Ors on 21 March, 1997
23. A special Act created always have special
measures to avoid its misuse by the investigating agencies, so
bearing in mind this principle, Delhi Electricity Supply Code and
Performance Standards Regulations, 2007 were formulated. These
regulations have statutory force and as per regulation 52, 53 and 54
special measures were added to protect the interest of accused /
consumer in case of theft of electricity. The procedure prescribed in
the Act 2003 and the Code 2007 has to be adhered in words and
spirit and deviation therefrom would vitiate the statutory orders
passed therein. In the present case, as already discussed in the
forgoing paras, there were violations in not adhering to the regulations
prescribed in the Code 2007, thus it has a negative impact on the
merit of this case. Reliance is placed on Ashok Kumar & Ors. Vs.
State of U.P & Ors. 2008(6) ADJ 660 para 76.