. (WITH C.A.NOS.1934, 1938, 1940-43 OF 1989,C.A.NO.8956/96 vs . Supreme Court, 27-05-1996

Court:Supreme Court (India)
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 7
PETITIONER:
(WITH C.A.NOS.1934, 1938, 1940-43 OF 1989,C.A.NO.8956/96
Vs.
RESPONDENT:
DATE OF JUDGMENT: 27/05/1996
BENCH:
B.L. HANSARIA
ACT:
HEADNOTE:
JUDGMENT:
[With C.A. Nos.1934, 1938, 1940-43 of 1989, C.A.Nos of 1996
(arising out of SLP (C) Nos.11085, 10377, 11907, 9282, 9184,
8644, 7164, 9646, 9534, 9430, 11605, 10408, 10246, 10255,
10257, 10285, 10329, 15187, 14467, 11949, 11948, 10085,
11951, 9538, 9419, 9142, 9288 and 9259 of 1989, 17538,
17522, 17521, 17520, 17519, 17529, 17528, 17543, 17525,
17524, 17523, 17542, 17541, 17540-40A, 17539, 17536, 17535,
17534, 17533, 17532, 17531, 17530, 17527, 17526 of 1993, CC
Nos.1269, 1084 and 1055 of 1989]
Bihar State Electricity
Board and others
V.
Parmeshwar Kumar Agarwala etc.etc.
J U D G M E N T
HANSARIA,J.
Theft of electricity has become so chronic a disease
that there can be no doubt that all efforts must be made to
curb the same; not only to make the State Electricity Boards
viable, but also to ensure regular supply of electricity to
the lawful consumers at reasonable tariff.
2. The facet of theft of electricity with which these
appeals are concerned relates to the mischief of consumers
to tamper with the meters, first to slow it down and then to
make the same defective. The basic idea behind this is that
the general terms and conditions governing the agreement
between Electricity Boards and the consumers require that in
such a case reading of the meter shall be based on the
average reading cf previous three months, in which the meter
ran correctly and reading was duly recorded. Section 26 of
the Indian Electricity Act, 1910, hereinafter the 1910 Act,
is on the subject of "Meters" and sub-section (1) of this
section requires that the amount of energy applied to the
consumer shall be ascertained by means of a correct meter.
Sub-section (6) has provided that where any difference or
dispute arises as to whether any meter is or is not correct,
the matter shall be decided, upon the application of either
party, by an Electrical Inspector. Further steps are
required to be taken as per the opinion cd such Inspector.
3. Confronted with the aforesaid position, the Bihar State
Electricity Board (for short, the Board) found itself

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