Electricity Act Archives

Time to revisit Arbitrations in the Power Sector: Conflict between Sections 79(1)(f) and 86(1)(f) of Electricity Act, 2003 and Section 11 of Arbitration and Conciliation Act, 1996

by Amit Kapur* and Akshat Jain**

2024 SCC Vol. 6 Part 3

Arbitration and Conciliation Act, 1996 — Ss. 8 and 11 — Arbitrability of dispute — Determination of — Reference to arbitration for

Op Eds OP. ED.

Income Tax on Compulsory Acquisition Under the NHAI Act

by Somesh Jain*

Case Briefs High Courts

Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court

“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”

Case Briefs High Courts

Legal and authorized ‘occupier’ of premises including tenant cannot be deprived of basic amenities like electricity connection | Allahabad HC

Allahabad High Court clarified that if the decree of eviction is set aside, recalled, or stayed, the tenants may remain entitled to apply for connection in accordance with law.

Cases Reported SCC Weekly

2024 SCC Vol. 2 Part 4

M.P. Municipal Corporation Act, 1956 (23 of 1956) — S. 132(6)(l) — Tax on advertisement: Law clarified on requisites for levy of

Case Briefs High Courts

Assessing Officer-IV a part of the inspection team? Calcutta High Court remands matter for re-evaluation under Electricity Act, 2003

“A decision-maker is insisted on recording reason in support of his decision to ensure transparency in decision-making process. When any order is subject to appeal or amenable to judicial review, then such order must be reasoned and speaking order.”

Cases Reported SCC Weekly

2024 SCC Vol. 1 Part 2

Reservation, Concession, Exemption, Relaxation and Affirmative Action — Caste/Tribe Certificate: Matters to be considered while determining whether cancellation of caste certification is

Case Briefs High Courts

Overloading includes “unauthorised use of electricity” under Electricity Act; Delhi High Court reiterates

In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.

Case Briefs Supreme Court

IBC overrides Electricity Act; Supreme Court explains hierarchy for settling dues in insolvency cases

In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Relief for Tata Power | APTEL stays MERC’s tariff schedule for FY 2023-24

The Tribunal regarded the hike in violation of Section 61(d) of the Electricity Act, 2003 and against the larger public interest, which is one of the critical factors to be taken into consideration in deciding whether to grant interim relief.

Cases Reported Never Reported Judgments

Never Reported Judgment| ‘Undertaking’ of licensee does not come to an end on revocation of licence under S.5 of Electricity Act, 1910: SC

This report covers the Supreme Court’s Never Reported Judgment, dating back to the year 1950, on Section 5 of the Electricity Act, 1910.

Case Briefs Supreme Court

Explained| Supreme Court judgment on Electricity Act 2003: Duty to supply electricity, Subsequent versus previous occupier, Recovery of arrears, and more

The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.

Cases Reported SCC Weekly

2023 SCC Vol. 4 Part 5

Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex

Case Briefs Supreme Court

Supreme Court explains what qualifies as ‘Change in Law’; directs DISCOMS to compensate Power Generators for all additional charges levied by State instrumentalities

Supreme Court has requested the Union of India along with Ministry of Power to evolve a mechanism so as to ensure timely payment by the DISCOMS to the Generating Companies, which would avoid huge carrying cost to be passed over to the end consumers.

Case Briefs High Courts

“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years

The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person

Case Briefs Supreme Court

Supreme Court | Regulation 153(15) of Kerala Electricity Supply Code, 2014 inconsistent with the provision of Section 126 of Electricity Act, 2003, hence invalid

Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.