suggested that grid support charges/parallel
operation charges without the help of utility grid and worked
out the parallel operation charges (grid support charges ... different. These
are not related to the parallel operation of the
CPPs with the grid.
(c) Parallel operation charges cannot be made a
part
parallel Central Act dealing with sale of secured assets
and referable to Entry 45 of List I, the State Act, including Section 187,
operated validly ... Kerala General Sales Tax Act, 1963 providing for a first
charge on the property of the person liable to pay sales tax, in favour
some cognizable offence was committed by the petitioner then two proceedings will
operate in different fields.
Learned Panel Lawyer supports the action.
After hearing learned ... summed up
that both departmental proceedings and criminal proceedings can run as
parallel proceedings and both can proceed simultaneously though separately.
It has further held
overcome the handicap of overlapping is permissible only when the private operator route and the notified route terminates in the same village within the village ... populated area, particularly where there is a public authority operating and is charged with civil administration, the "highway" contemplated under Section
ingredients which constitute the two offences with which a person is charged. If the offencesd are not the same but are distinct or made ... have conterminous fields of operation. Both the Acts can function with full vigour side by side in their own parallel channels. Even if they happen
some
cognizable offence was committed by the petitioners, then two proceedings will operate in
different fields.
Learned Government Advocate supports the action.
After hearing learned ... summed up that both
departmental proceedings and criminal proceedings can run as parallel proceedings
and both can proceed simultaneously though separately. It has further held
demand was made for payment of Rs.87,36,511/- for parallel operation
charges of 12MW Captive Power Plant.
It is submitted by counsel appearing ... submitted that as per directives of
Madhya Pradesh Electricity Regulatory Commission, parallel operation
charges are to be paid if plant is connected to the Grid
Commissioner while staying
operation of the order passed by the Collector dated
28.02.2013 has issued a further direction that the charge
of the respondent/petitioner ... circumstances, as the petitioner cannot be
permitted to pursue the parallel proceedings, the petition
filed by the petitioner is disposed of with a direction
Smt. Sunita Gandharv vs State Of Mp on 8 October, 2020
Author: Anand Pathak
Bench
The State Of M.P. Through Local Self ... vs Beni Pd. Rathore And Ors. on