December, 2003 and 29th December, 2003. It would be appropriate to notice the said note sheet in extenso.
Section 126 of the Electricity Act, 2003 ... assessment has to be made strictly in accordance with Section 126 of the Electricity Act 2003. The assessment goes to show that it was made
finds that there has been unauthorised use of electricity. Section 126 of the Electricity Act of 2003 provides that if it is found ... ground of unauthorised user of electricity within the meaning of Section 126 or Section 135 of the Electricity Act, 2003. The Clauses
Electricity (Supply) Act, 1948 would apply.
6. In my view, on the basis of provisions of Section 185 of the Electricity Act, 2003, it cannot ... order cannot be binding on the assessing officer acting under Section 126 of the Electricity Act, 2003. Facing with the situation advocate for the Board
case. He has also drawn
our attention to Section 126 (1) of the Electricity Act, 2003 which is set out
hereunder:-
" Section 126 ... emphasis
supplied)
He further contended that Section 126 (1) of the Electricity Act, 2003, is
penal in nature as it seeks to impose a penalty
issued
under Section 126 of the Electricity Act, 2003 (herein after referred to
as "the 2003 Act") and quashing of an FIR registered ... Section 126 of the 2003 Act.
5
8. It is, thus, submitted that the said clear distinction between
Sections 126 and 135 of the 2003
capacity of Assessing Officer within the meaning of Section 126 of the Electricity Act, 2003.
2. It has been specifically stated in para ... provisions of Section 126 of the Electricity Act, 2003 and of para 6.02 of West Bengal Electricity Regulatory Commission (Electricity Supply Code
West Bengal Electricity Regulatory Commission Regulations, 2003 and subsequently, passed a provisional order in terms of Section 126 of the Electricity Act, 2003, The respondents ... appropriate to refer to the provisions contained in Sections 126 and 135 of the Electricity Act, 2003 which are quoted below:
126. Assessment
made the order of provisional assessment in terms of Section 126 of the Electricity Act, 2003, and that the petitioner has already preferred an appeal ... challenging the orders made by the assessing officer under Section 126 of the Electricity Act, 2003. So, there is no reason
November 2003 after coming into force of the Indian Electricity
Act, 2003 on 10.06.2003. The date of assessment was 29th October
2003 after coming into ... Electricity Act . In
fact, it is stated in the assessment that the assessment order was
being made under Section 126 of the Electricity Act, 2003
charged with
unauthorised use of electricity under explanation (b) to section 126 of the
Electricity Act, 2003.
Ms. Agarwal, learned Advocate appearing for the petitioner ... make the final assessment in terms of
Section 126(3) of the Electricity Act, 2003 was over. The final assessment
cannot be made
