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Sunday, March 28, 2010

U.H.B.V.N., Panipat & Ors. v. Vinod Kumar
2009(3) LAW HERALD (P&H) 1995
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A.No. 1919 of 2008 (O&M)
U.H.B.V.N., Panipat & Ors.
v.
Vinod Kumar
{Decided on 22/07/2009}
For the Appellants: Mr. B.S.Rana,Advocate.
For the Respondent: Mr. Sandeep Chabra, Advocate.
IMPORTANT POINT
Electricity--Theft of--Penalty--Refund of--Jurisdiction of Civil Court--Assessment made under Section 126--Jurisdiction of Civil Court in such assessment barred under Section 145.
Electricity Law--Theft of electricity--Penalty--Refund of--Jurisdiction of Civil Court--Plaintiff filed suit that demand notice on basis of checking report was illegal null and void--On checking vigilance staff found that plaintiff was committing theft of electricity by placing magnet on right side of MCB--Said assessment is to be dealt under Section 126 of New Act--As per Section 145 of New Act jurisdiction of Civil Court in such an assessment is barred--Electricity Act, 2003, Section 126 and 145. (Paras 7, 8, 9 & 10)
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2009(3) LAW HERALD (P&H) (SC) 1998
IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice S.B. Sinha
The Hon’ble Mr. Justice Deepak Verma
Civil Appeal No. 4384 of 2009 (Arising Out of SLP (C) No.25258 of 2004)
The Secretary to the Government of Haryana & Ors.
v.
Vidya Sagar
{Decided on 16/07/2009}
Service and Labour Law--Medical Reimbursement--Respondent an Haryana Government employee undergone Heart Surgery in approved hospital--Reimbursement in full was directed vide circular dated 28.5.2003--Reimbursement of 75% given in view of circular dated 30.11.1993--Order directing full reimbursement upheld--Held; Although the circular dated 28.5.2003 does not expressly supersede the circular dated 30.11.1993, but the latter having been issued subsequent to the former and in relation to a particular category of disease, namely, the chronic diseases, shall prevail over the earlier general circular letter. The said circular letter dated 28.5.2003 brings within its umbrage not only the expenses incurred for the treatment of chronic disease outdoor but also indoor.

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