February 29, 2016

Conflicting views on Electricity Law regarding who is liable to pay "Theft charges"...

Conflicting views on Electricity Law regarding who is liable to pay "Theft charges"... Is the old owner of premises who committed theft is liable or is the new owner who has not committed theft is liable to pay these dues? Electricity Laws and Rules say that even the new owner of premises, who has not committed any theft, is liable pay for theft committed by Previous owner. Gujarat High Court quashed such a rule and held that new owner of premise is not liable. Some other High Courts say he is liable. So the dispute is now pending for determination  in Supreme Court.

Reason of Confusion about law of Sedition is due to an old Supreme Court Judgement. In that case

Reason of Confusion about law of Sedition is due to an old Supreme Court Judgement. In that case provision of Sedition was sought to be quashed on ground that it violates free speech. Instead of striking down provision, Supreme Court saved provision by reading words "Incitement to violence". It said that this provision will be used only when it incites violence also. The parliament has however not amended Section to include word "Violence". Net effect is today law declared by Parlament does not require "Violence" and Law declared by Supreme Court requires "Incitement to violence". Hence these all confusions and debates.