Section 126 in The Electricity Act, 2003
126. Assessment.–
(1) If on an inspection of any place or premises or after inspection of the equipments ... indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person
provisions of Section 135 of
the Electricity Act, 2003. A perusal of the provisions of Section 135 of the
Electricity Act, 2003, mandates that ... electricity" as defined under sub-Section(b) of the explanation below of
sub-Section(6) of Section 126 of the Electricity Act, 2003, which
Electricity Act, 1910 , the
Electricity (Supply) Act, 1948 and the Electricity Regulatory Commission
Act, 1998 .
5.1. The Indian Electricity Act, 1910 :- The Indian Electricity Act ... Section 126 of the Act, the Apex
Court held that, the provisions of Section 126 , read with Section 127 of
the Act, in fact, becomes
2003
Act. The Explanation to Section 126 is of some significance,
which we shall deal with shortly hereinafter. Section 126 of
the 2003 Act falls ... Sections 126 and
135 of the 2003 Act, we shall now discuss the ambit and scope
of Section 126. The provisions of Section 126 contemplate
Electricity Act, 1910, read with Regulation 42 of the Regulations Relating to Conditions of Supply of Electrical Energy. Section 126 of Electricity Act, 2003 reads ... ground of unauthorised user of electricity within the meaning of Section 126 or Section 135 of the Electricity Act, 2003 is also not correct. Section
Act, 2003, assessment under Section 126 of the Act, 2003 has also to be made. Assessment under Section 126 of the Act, 2003 is made ... Section 154(5) of the Act, 2003, the assessment under Section 126 cannot be made. He submits that Section 126 of the Act, 2003 shall
Electricity Act, 2003 . There are provisions of appeals under Section
127 of the Electricity Act, 2003 against the assessment made under
Section 126 ... defaults under Section 135 or Section 136 or Section 137
or Section 139 or Section 140 of the Electricity Act, 2003.
The finding
Electricity Act, 1910 , the
Electricity (Supply) Act, 1948 and the Electricity Regulatory Commission
Act, 1998 .
5.1. The Indian Electricity Act, 1910 :- The Indian Electricity Act ... Section 126 of the Act, the Apex
Court held that, the provisions of Section 126 , read with Section 127 of
the Act, in fact, becomes
final assessment order came to be passed
under section 126 of the Electricity Act, 2003. The respondent no.1 filed a writ
petition bearing ... unauthorized use of the electricity and
would thus fall within the ambit of section 126 of the Electricity Act, 2003. The
respondent
Electricity Act 2003, beyond the Tariff Order, beyond the
Electric Supply Code Regulation formulated under section 50 of
the Electricity Act 2003, by the Jharkhand ... 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
