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Sunday, April 11, 2010

ELECTRICITY ACT, 1910

S.26(6)--Theft of Electric Energy--Penalty--Demand of--No artificial means used to commit alleged electrical theft--Case of Board that meter in question was not registering consumption but same was not tested from competent laboratory--Impugned demand of penalty set aside.; Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. v. Amarjit Singh Chadha ; 2010(1) Law Herald (P&H) 641
S.26(6)--Theft of Electric Energy--Penalty--Meter having defective one phase--If there is a dispute as to whether meter is correct or faulty it is only Electrical Inspector who has jurisdiction to quantify penalty etc after matter is referred to him--Board has no authority to impose penalty.; Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. v. Amarjit Singh Chadha ; 2010(1) Law Herald (P&H) 641
S.26(6)--Theft of Electric energy--Penalty--Natural Justice--Neither any show cause notice nor any opportunity of hearing given to plaintiff-respondent--Proper procedure prescribed under the Act not adopted before raising impugned demand--Principles of natural justices violated--Appellant-Board not competent at their own level to claim any extra amount for slow, defective meter or non-registering of energy on one phase.; Dakshin Haryana Bijli Vitran Nigam Ltd. & Anr. v. Amarjit Singh Chadha ; 2010(1) Law Herald (P&H) 641