destroying electrical meters (see Section 135 of the Electricity Act). A careful reading of Section 135 and Explanation to Section 126 would show that some ... Section 126 of the 2003 Act. The Explanation to Section 126 is of some significance, which we shall deal with shortly hereinafter. Section 126
includes Section 135 .
34. Under Section 154 , Special Courts have been designated to determine
criminal as well as civil liabilities.
35. Whereas Section 126 deals ... offence referred to in sections
135 to 140 and section 150 ."
57. It is evident from Section 126(1) of the 2003 Act that
Though the provision relating to assessment i.e. Section 126 figures in Part XII and Section 135 figures in Part XIV but to some extent ... exist before 15.6.2007 in Section 126 but inserted vide amendment of 2007. Section 135(1)(e) also covers use of electricity for a purpose other
petitioner, by placing reliance on
Section 126 , explanation (b)(iv) of Section 126 and Section 135(1) ((e),
contended that there is a clear case ... Section 126 of the 2003 Act. The Explanation to Section
126 is of some significance, which we shall deal with shortly hereinafter.
Section 126
under sections
135 / 126 of the Indian Electricity Act, 2003, pending in the court of
leraned Chief Judicial Magistrate, Ranchi ... refers sections 126 , 136 and 138
of the Indian Electricity Act, 2003 and submits that section 126 meant for
assessment and section 135
evidence of theft of electricity
hence invocation of Section 126 and Section 135 (1A) of the
Electricity Act, 2003 is without jurisdiction.
18. The Petitioner ... filing
a fresh writ petition.
(iii) The proceedings under Section 126 read with Section 135 of
the Electricity Act, 2003, have been conducted in full
been initiated under Section 126(1) ,
culminated by passing the final assessment under sub-section
(5) of Section 126 , then, the same ... aggrieved under
Section 127 of the Act, 2003. It has been held that that both
Section 126 and Section 135 are independent in all respects
such use. Section 127 provides a forum for appeal to any person
aggrieved by final order made under Section 126 . Section 135 defines "theft ... under Part XIV
for which sentence and fine are prescribed. Section 126 and Section 135 are
distinct and different provisions which operate in different fields
theft of electricity as per the provision made under
Section 135 . Section 126 reads as under:
―126.Assessment-(1) If on an inspection ... Section 126 of the 2003 Act. The Explanation to
Section 126 is of some significance, which we shall
- 22 -
deal with shortly hereinafter. Section 126
Section 126 of the 2003 Act. The
Explanation to Section 126 is of some significance,
which we shall deal with shortly hereinafter. Section
126 ... theft which is governed by the provisions of
Section 135 of the 2003 Act.
31. Section 135 of the 2003 Act significantly
uses the words