Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1998 Andhra Pradesh Electricity Reforms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Andhra Pradesh Electricity Reforms Act, 1998: Sections 14, 15 and 16-Licence-Requirement for-Captive consumption and supply and distribution of electricity-Difference between-Power station established by private participation for generation of electricity-participating companies allowed to share electricity generated to the extent of their shareholding-Participating companies also entitled to transfer their shares and the transferee entitled to consume electricity to the extent of its shareholding-Supply also permitted to sister concerns of participating industries-Held, no licence required for consumption by participating industries or transferees of shares as it would be captive consumption-Licence required for supply of electricity to sister concerns as it would be supply/distribution of electricity-Indian Electricity Act, 1910-Sections 3 and 28. Sections 56(3)(vi) and 21(4)-Exclusion of provisions of Section 43A of Electricity (Supply) Act, 1948 by Section 21(4)-Held, the two provisions deal with two different aspects-Section 43A of the 1948 Act is an enabling provision whereas Section 21(4) is a prohibition-Hence Section 43A not excluded by Section 21(4) by virtue of Section 56(3)(vi)-Electricity (Supply) Act, 1948- Section 43A.Electricity (Supply) Act, 1948-Section 43A(1)(c)-"Any other person"-Meaning of-"Any other person'' does not mean individual or end-consumer but persons/bodies discharging function of generations, transmission, distribution or supply of electricity-Words & phrases. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2004 INSC 203 |
Petitioner | A.p. Gas Power Corpn. Ltd. |
Respondent | A.p. State Regulatory Commission And Anr. |
SCR | [2004] 3 S.C.R. 426 |
Judgement Date | 2004-03-23 |
Case Number | 4660 |
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