Metamorphoses of Electricity in Terms of Property

13 Pages Posted: 20 Dec 2012 Last revised: 15 Mar 2014

See all articles by Manjeet Sahu

Manjeet Sahu

National University of Study and Research in Law (NUSRL); University of Petroleum and Energy Studies (UPES), Students

Date Written: December 19, 2012

Abstract

Electric energy is bought and sold like any other commodity and therefore there can be no doubt that it is 'property'.But , the most pertinent issue is whether it is a movable property or an immovable property.The matter seems too trivial but it is not so. The principle 'De minimus Lex Curat Lex' cannot be taken into consideration in this particular case. Judgements too have contrast opinion in this particular issue.This paper discusses the statute and cases about the same.

This paper discusses the nature of electricity in terms of property. It further highlights the jurisprudential approach of property. The major problem in the legal system arose when the judiciary tries to identify the nature of electricity in order to treat it as movable or immovable. Through this paper, the author has tried to provide a broad picture of the concept of electricity in terms of property. In current scenario, the ambiguity in understanding the concept of electricity in terms of property has alarmed the legal system with many complex issues. Even after 65 years history of the Indian republic, the question on nature of electricity is still unresolved.

Keywords: Electricity, Property, Movable, Immovable, Unresolved

Suggested Citation

Sahu, Manjeet Kumar, Metamorphoses of Electricity in Terms of Property (December 19, 2012). Available at SSRN: https://ssrn.com/abstract=2191840 or http://dx.doi.org/10.2139/ssrn.2191840

Manjeet Kumar Sahu (Contact Author)

National University of Study and Research in Law (NUSRL) ( email )

AT- Nagri, P.O.- Bukru, Kanke-Pithoria Road
Kanke
Ranchi, Jharkhand 834006
India
8979010953 (Phone)

University of Petroleum and Energy Studies (UPES), Students ( email )

Dehradun
India

HOME PAGE: http://nusrl.ac.in

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