AI Overview...
- Section 127 of the Electricity Act, 2003 - Main points and insights:
- Provides a statutory remedy for consumers to appeal against assessments, orders, or decisions made by electricity authorities (e.g., provisional assessments, demand notices) Om Ice Factory VS Paschimanchal Vidyut Vitran Nigam Ltd. - Allahabad, [Ram Pal Singh, Baru Singh
VS Up Maha Prabandhak, Electricity Distribution Division, Western Electricity - Allahabad](https://supremetoday.ai/doc/judgement/02500040508), JALAJA BHAI vs ASSISTANT ENGINEER, ELECTRICAL SECTION - Kerala.
- The appellate process under Section 127 is a crucial legal remedy that must be exhausted before approaching courts through writ petitions, emphasizing the importance of the statutory appeal mechanism Om Ice Factory VS Paschimanchal Vidyut Vitran Nigam Ltd. - Allahabad, [Ram Pal Singh, Baru Singh
VS Up Maha Prabandhak, Electricity Distribution Division, Western Electricity - Allahabad](https://supremetoday.ai/doc/judgement/02500040508), FCA India Automobiles Private Limited vs Maharashtra State Electricity Distribution Co. Ltd. - Bombay.
- Challenges to orders under Section 127, such as dismissal of appeals due to non-compliance with deposit requirements, are common grounds for judicial review FCA India Automobiles Private Limited vs Maharashtra State Electricity Distribution Co. Ltd. - Bombay, FCA INDIA AUTOMOBILES PVT. LTD. vs MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. - Bombay.
- Courts have emphasized the need for proper constitution of the Appellate Authority as mandated by Section 127 for fair adjudication P.ABDUL SHAREEF Vs THE ASSISTANT ENGINER - Kerala.
- Section 127(2) specifically deals with the conditions and procedural requirements for filing appeals, including deposits, which are often grounds for appeal dismissal if not fulfilled [Ram Pal Singh, Baru Singh
VS Up Maha Prabandhak, Electricity Distribution Division, Western Electricity -
Allahabad](https://supremetoday.ai/doc/judgement/02500040508), FCA INDIA AUTOMOBILES PVT. LTD. vs MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. - Bombay.
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Analysis and Conclusion:
- Section 127 of the Electricity Act, 2003, establishes a comprehensive appellate mechanism for consumers and stakeholders to challenge assessments and orders related to electricity charges and violations.
- While the provision offers an effective remedy, courts often highlight the necessity of adhering to procedural requirements, such as deposit conditions, before seeking judicial intervention.
- Challenges to Section 127 proceedings generally involve procedural lapses or non-compliance with statutory conditions, and courts tend to uphold the importance of the statutory remedy, often dismissing writ petitions on the ground of alternative effective remedies available under the Act Om Ice Factory VS Paschimanchal Vidyut Vitran Nigam Ltd. - Allahabad, JALAJA BHAI vs ASSISTANT ENGINEER, ELECTRICAL SECTION - Kerala.
- Proper constitution of the Appellate Authority and compliance with procedural mandates are essential for ensuring fair adjudication under Section 127 P.ABDUL SHAREEF Vs THE ASSISTANT ENGINER - Kerala.
References:
- Om Ice Factory VS Paschimanchal Vidyut Vitran Nigam Ltd. - Allahabad, Ram Pal Singh, Baru Singh
VS Up Maha Prabandhak, Electricity Distribution Division, Western Electricity
- Allahabad, JALAJA BHAI vs ASSISTANT ENGINEER, ELECTRICAL SECTION - Kerala, RAFEEQUE PARAKANDY vs THE ASSISTANT ENGINEER - Kerala, Devki Devi Jain Memorial College for Women VS Punjab State Power Corporation Limited - Punjab and Haryana, P.ABDUL SHAREEF Vs THE ASSISTANT ENGINER - Kerala, K.P.MOHAMMED Vs KSEB AND OTHERS - Kerala, FCA India Automobiles Private Limited vs Maharashtra State Electricity Distribution Co. Ltd. - Bombay, FCA INDIA AUTOMOBILES PVT. LTD. vs MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. - Bombay, Ray Stone & Co. , represented through Its Proprietress Smt. Minati Ray VS Executive Engineer, Khurda Electrical Division - Orissa
Search Results for "Electricity Act s 127"
2014 0 Supreme(All) 2975 • India - Allahabad
KRISHNA MURARI, VIJAY LAKSHMI
of the Electricity Act, 2003. ... Section 126 of the Electricity Act, 2003. ... Judicial Review - Electricity Act - 127 - The court discussed the petitioner's challenge to the provisional assessment order under ... A preliminary objection has been raised by learned counsel for the respondents regarding maintainability of this petition on the ground of availability of statutory alternative remedy to the petitioner of filing an appeal under Section 127....
2018 Supreme(Online)(KER) 25734 • India - High Court of Kerala
P. B. Suresh Kumar, J
The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent in entertaining the appeal preferred by the petitioner under Section 127
2004 0 Supreme(All) 1256 • India - Allahabad
ASHOK BHUSHAN
ELECTRICITY ACT - Challenge to Section 127 (2) - Section 127 of Electricity Act, 2003 - Summary: The court upheld the requirement ... Electricity Act. ... of Electricity Act, 2003. ... Challenge has also been made to the provisions of section 127 (2) of the Electricity Act. Section 127 (2) of the Electricity Act#HL_E....
2017 Supreme(Online)(KER) 43271 • India - High Court of Kerala
A. K. Jayasankaran Nambiar, J
Electricity - Petitioner challenges electricity charges - Electricity Act Section 127 - Court emphasizes alternate remedy and ... of the Electricity Act. ... The petitioner has approached this Court aggrieved by Ext.P3 order of the respondent Board, confirming a demand of electricity
2018 0 Supreme(P&H) 907 • India - Punjab and Haryana
RAKESH KUMAR JAIN
of the Electricity Act. ... of Section 126 and Section 127 of the Electricity Act, 2003, which deal with the unauthorized use of electricity and the process ... Electricity Act - Writ Petition - Section 126, Section 127 - Summary of Acts and Sections: The court discussed the provisions ... The petitioner has prayed for a writ in the nature of certiorari for quashing the final assessment order dated 08.08.2015 passed under Section 12....
2016 Supreme(Online)(KER) 39698 • India - High Court of Kerala
A.M.SHAFFIQUE, J
of the Electricity Act. ... Electricity - Writ Petition - Electricity Act - Section 127 - The court determined the inadequacy in the constitution of the Appellate ... Authority, requiring compliance with Section 127 for fair assessment and appeal processes. ... It was therefore directed that appropriate steps shall be taken to constitute the Appellate Authority in terms of Section 127 of the Electricity Act, 2003. ....
2009 Supreme(Online)(KER) 33185 • India - High Court of Kerala
K.M.JOSEPH, J
Electricity - Consumer Grievance - Kerala Revenue Recovery Act, Section 7; Electricity Act, Section 127 - The court addressed ... He claimed rights under the Electricity Act after filing an appeal regarding additional loads. ... JUDGMENT Petitioner is a consumer of electricity ... Ext.P1 is a demand notice under Section 7 of the Kerala Revenue Recovery Act. Ext.P2 purports to be arrear bill. Petitioner filed Ext.P3 application bef....
2025 0 Supreme(Bom) 871 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. KULKARNI, ADVAIT M. SETHNA
(A) Constitution of India - Article 226 - Electricity Act, 2003 - Sections 126 and 127 - Petition challenging dismissal of appeal ... of the Electricity Act against an order of provisional assessment, but the appeal was dismissed for not depositing the required ... (Paras 11, 12) ... ... Facts of the case: ... The petitioner filed an appeal under Section 127 ... For such reason, the appeal was dismissed on the ground of non fulfilling of the terms and conditions under Section #HL_STA....
2025 0 Supreme(Bom) 706 • India - High Court of Bombay
G. S. KULKARNIHON'BLE, ADVAIT M. SETHNA
12) ... ... Facts of the case: ... The petitioner filed an appeal against an order of provisional assessment under the Electricity ... Act, but the appeal was dismissed for not depositing 50% of the assessed amount within the prescribed period. ... For such reason, the appeal was dismissed on the ground of non fulfilling of the terms and conditions under Section 127(2) of the Electricity Act. 6. ... On a plain reading of Section 126 of the Electricity Act, it is see....
2018 0 Supreme(Ori) 654 • India - Orissa
S.N.PRASAD
ELECTRICITY ACT, 2003 – Sec. 127 – O.E.R.C. ... CODE, 2004 –Section 10 – CONSUMER PROTECTION ACT, 1986 – Excess Electricity Bill, disconnection of electric line, have been challenged
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