Procedure and powers of Appellate Tribunal
Section 120 of the Electricity Act, 2003 deals with procedure and powers of Appellate Tribunal. The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure. The Act came into force on 10 Jun 2003.
(1) The Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall have powers to regulate its own procedure.
(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1982), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing a representation of default or deciding it ex parte;
(h) setting aside any order of dismissal or any representation for default or any order passed by it ex parte;
(i) any other matter which may be prescribed by the Central Government.
(3) An order made by the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil court and, for this purpose, the Appellate Tribunal shall have all the powers of a civil court.
(4) Notwithstanding anything contained in sub-section (3), the Appellate Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
(5) All proceedings before the Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 120, The Electricity Act, 2003 (Act 36 of 2003).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Ongc LTD vs Gujarat Energy Transmission Corp(l)
Court's Decision & Legal Precedent
Where a special statute (such as the Electricity Act, 2003) prescribes a specific limitation period with a defined outer limit (120 days under Section 125), that limitation is mandatory and reflects fundamental public policy favoring expeditious resolution. Neither Article 142 of the Constitution nor Section 5 of the Limitation Act can extend such limitation period beyond the statutory outer limit. An order previously condoning delay beyond the prescribed limit should be recalled and ignored. The preliminary objection based on such non-condonable delay is maintainable and must be accepted, resulting in dismissal of the appeal without consideration of merits.
On this section: Provides jurisdiction to the Appellate Tribunal for Electricity. Court analyzed this to understand the tribunal's powers, including review jurisdiction.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 120
What have the courts held on Section 120 of the Electricity Act?
Ongc LTD vs Gujarat Energy Transmission Corp(l) (01 Mar 2017) is the leading judgment on this section among those set out below: Provides jurisdiction to the Appellate Tribunal for Electricity. Court analyzed this to understand the tribunal's powers, including review jurisdiction.
How do I find court cases under Section 120 of the Electricity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Electricity Act 2003 120, section 120 Electricity Act 2003, section 120 of the Electricity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ongc LTD vs Gujarat Energy Transmission Corp(l) (01 Mar 2017).
What should I read with Section 120 of the Electricity Act, and has it changed?
Its own text turns on Indian Evidence Act 123 (Evidence as to affairs of State), Indian Evidence Act 124 (Official communications), Indian Penal Code 193 (Punishment for false evidence), Indian Penal Code 228 (Intentional insult or interruption to public servant sitting in judicial proceeding), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 120 of the Electricity Act come into force?
Section 120 of the Electricity Act, cited as Electricity Act 2003 120, came into force on 10 Jun 2003, having been enacted on 26 May 2003. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.