| Citation(s) |
|---|
| 2012 SLG 1098 2012 SLD 1098 2012 PLD 371 |
Supreme Court of Pakistan
Civil Appeals Nos. 1511, 1513, 1514, 1515 and 1519 of 2006, decision dated: 25-10-2011
NASIR-UL-MULK AND AMIR HANI MUSLIM, JJ
Aurangzeb Mirza, Advocate Supreme Court for Appellants (in C.A.No. 1511 of 2006). Razzaq A. Mirza, AAG for
Respondents Nos. 2 and 3 (in C.A.No. 1511 of 2006). Aurangzeb Mirza, Advocate Supreme Court for Appellants (in C.A.No. 1513 of 2006). Ch. Naeem Mas
Civil Appeals Nos. 1511, 1513, 1514, 1515 and 1519 of 2006, decision dated: 25-10-2011
NASIR-UL-MULK AND AMIR HANI MUSLIM, JJ
Aurangzeb Mirza, Advocate Supreme Court for Appellants (in C.A.No. 1511 of 2006). Razzaq A. Mirza, AAG for
Respondents Nos. 2 and 3 (in C.A.No. 1511 of 2006). Aurangzeb Mirza, Advocate Supreme Court for Appellants (in C.A.No. 1513 of 2006). Ch. Naeem Mas
WATER AND POWER DEVELOPMENT AUTHORIYT and others
VS
Messrs KAMAL FOOD (PVT.) LTD. OKARA and others
Law:
Section:
(a) Electricity Act (IX of 1910)---Ss. 26(6) & 26-A---Detection bill, issuance of---Theft of energy by consumer, charge of---Jurisdiction of Electric Inspector and Advisory Board---Scope---Electric Inspector for possessing special expertise in examining the working of metering equipment and other related apparatus had jurisdiction to entertain reference under S.26(6) of Electricity Act, 1910 only in case of dishonest consumption of energy by consumer through deliberate manipulation of or tampering with metering equipment or other similar apparatus---Electric Inspector would have no jurisdiction in matter of theft by means other than tampering or manipulation of metering equipment etc., falling exclusively under S. 26-A of Electricity Act, 1910---Principles. Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 and Caltax Oil (Pakistan) Limited v. Collector, Central Excise and Sales Tax and others 2006 SCMR 1519 ref. Colony Textile Mills Ltd. Multan v. Chief Executive, MEPCO 2004 SCMR 1679 and Multan Electric Power Company Ltd. v. Muhammad Ashiq PLD 2006 SC 328 rel. (b) Electricity Act (IX of 1910)--- ----Ss. 26(6) & 26-A---Civil Procedure Code (V of 1908), S.9---Detection bill, issuance of---Charge of theft of energy by consumer through metering equipment or relating to reading thereof---Jurisdiction of Electric Inspector---Scope---Civil Court had no jurisdiction in such matter, only Electric Inspector had powers to take cognizance thereof---Illustrations. Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 and Caltax Oil (Pakistan) Limited v. Collector, Central Excises and Sales Tax and others 2006 SCMR 1519 ref. Colony Textile Mills Ltd. Multan v. Chief Executive, MEPCO 2004 SCMR 1679 and Multan Electric Power Company Ltd. v. Muhammad Ashiq PLD 2006 SC 328 rel. (c) Electricity Act (IX of 1910)--- ----Ss. 26(6) & 26-A---Civil Procedure Code (V of 1908), S.9---Detection bill, issuance of---Charge of theft of energy through bypassing metering equipment---Jurisdiction of Electric Inspector---Scope---Such matter would not fall within S. 26(6) of Electricity…
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