| Citation(s) |
|---|
| 2004 SLG 1219 2004 SLD 1219 2004 SCMR 1679 |
Supreme Court of Pakistan
Civil Petition No. 1278 of 2002, decision dated: 11-12-2002.hearing DATE : 25-07-2002.(On appeal from the judgment of Lahore High Court, Multan Bench, dated 10-7-2002 passed in I.C.A No. 83 of 2002)
SH. RIAZ AHMAD, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
Malik Muhammad Qayyum, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition No. 1278 of 2002, decision dated: 11-12-2002.hearing DATE : 25-07-2002.(On appeal from the judgment of Lahore High Court, Multan Bench, dated 10-7-2002 passed in I.C.A No. 83 of 2002)
SH. RIAZ AHMAD, C.J., MIAN MUHAMMAD AJMAL AND MUHAMMAD NAWAZ ABBASI, JJ
Malik Muhammad Qayyum, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for
Respondents.
COLONY TEXTILE MILLS LTD., MULTAN through, Factory Manager
VS
CHIEF EXECUTIVE, MULTAN ELECTRICITY POWER COMPANY LTD. (MEPCO), MULTAN and 2 others
Law:
Section:
(a) Electricity Act (IX of 1910)----Ss. 26(6) & 26-A---Electric Inspector---Jurisdiction---Dishonest obstruction of energy---Powers of licensee---Scope---Jurisdiction of Electric Inspector is confined to disputes relating to matters falling under S.26(6) of Electricity Act, 1910---Matter relating to charges on account of dishonest obstruction of energy is not referable to Electric Inspector---If matter relates to correctness of meter, maximum demand indicator, or other measuring apparatus, the dispute for consumption of electricity is referable to Electric Inspector--In case of dishonest obstruction and consumption of energy, the licensee under S.26-A of Electricity Act, 1910, may charge consumer on the basis of consideration mentioned therein---Scope of provision of S.26(6) of Electricity Act, 1910, is confined to the cases in which due to technical fault or defect the meter is not in order and is not registering energy Correctly---If consumer dishonestly obstructs and consumes the electricity through illegal device and meter equipment is not involved, ,the provisions of S.26(6) of Electricity Act, 1910, are not attracted as licensee can assess the consumption under. S.26-A of Electricity Act, 1910. (b) Electricity Act (IX of 1910)----- ----S. 26-A---Detection bill---Remedy---Dispute relating to detection bill for dishonest obstruction through illegal method is not adjudicatable by Electric Inspector---Consumer may invoke jurisdiction of Civil Court. (c) Regulation of Generation, Transmission and Distribution of Electric Power Act (XL of 1997)--- ----S. 38---Electricity Act (IX of 1910), Ss. 26(6) & 26-A---Constitution of Pakistan (1973), Art, 185(3)---Inspection Office and Electric Inspector---Powers---Electricity theft---Issuance of detection bill--¬Jurisdiction of licensee---Consumer was issued detection bill for illegal consumption of electricity---Plea raised by the consumer was that the licensee was not empowered to issue such bill and the matter was to be decided by Inspection Office as established under S.38 of Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997---Inspection Office was empowered, under S.38 of…
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