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Bombay High Court Quashes FIR in Electricity Theft Case Against Owner — Mere Ownership Not Sufficient for Section 135 Liability. The court held that without specific evidence of direct involvement in tampering, the owner cannot be prosecuted under the Electricity Act, 2003.

The applicant, Navin Prakashsingh Thakur, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of F...

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Bombay High Court Awards Compensation for Illegal Arrest in Electricity Theft Case Despite Full Payment of Dues. Petitioner's Arrest Violated Article 21 as Police Failed to Verify Payment from Complainant Before Arrest Under Sections 135 and 150 of Indian Electricity Act, 1886.

The petitioner, Alex Isaac, filed a criminal writ petition seeking a direction for legal action against persons responsible for his illegal arrest and...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Karnataka High Court Dismisses Writ Appeal in Electricity Connection Dispute - Precondition of Payment of Arrears Upheld. Subsequent purchaser of property cannot escape liability for arrears of electricity charges under Section 43 and Section 56 of Electricity Act, 2003.

The appellant, OPG Power Generation Pvt. Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petition. The appel...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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Bombay High Court Upholds Conviction for Electricity Theft Under Section 135(a) of Indian Electricity Act, 2003 — Hook on LT Supply Line Constitutes Theft. Assessment of civil liability under Section 154(5) is integral to sentencing and must be determined by the Special Court.

The appellant, Bhagwant Nivrutti Jadhav, was convicted by the Special Judge, Osmanabad, in Special Case (Electricity) No.51 of 2006 for the offence pu...

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Bombay High Court Quashes Electricity Demand Notice for Violation of Natural Justice. Demand of Rs. 56,03,815.50 set aside as no opportunity of hearing was given before raising the demand under the Electricity Act, 2003.

The petitioner, Twenty First Century Wire Rods Limited, challenged a demand notice dated 22.09.2003 issued by respondent no.3 and the appellate order ...

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Bombay High Court Allows Writ Petitions Challenging Electricity Theft Assessment Orders — Lack of Proper Hearing and Violation of Natural Justice. Assessment under Section 126 of Electricity Act, 2003 set aside due to failure to provide adequate opportunity to the consumer.

The petitioners, Maharashtra State Electricity Distribution Company Ltd., filed two writ petitions challenging assessment orders passed by the Superin...