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State of Gujarat Vs. Utility Users Welfare Association Through Its Pre ...

Court : Supreme Court of India

Subject : Land Acquisition

T.C.(C) No.139/2015 T.C.(C) No.138/2015 T.C.(C) No.137/2015 T.C.(C) No.140/2015 C.A. No.3759-3760/2016 T.P.(C) No.974/2016 JUDGMENT SANJAY KISHAN KAUL, J.1. The Electricity Act, 2003 (hereinafter referred to as the ‘said Page 1 of 84 Act’) provides for Central and State Regulatory Commissions. … Government to constitute a State Transport Authority and Regional Transport Authorities to exercise powers and functions specified in Chapter V. Section 68(2) put a restriction that no person who has a financial interest whether as proprietor, employee … on 31.12.2013 whereafter he assumed office on 9.1.2014. Page 41 of 84 48. The impugned decision of the Madras High Court opining that the Chairperson

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

Subject : MRTP

determine policy and issue directions etc.); other enactments such as Airports Economic Regulatory Authority of India, 2008; The Electricity Act, 2003 (Section 79 and various sub-sections enabling determination of policy, the Tariff, Regulations of Tariffs, facilitation of inter-State transmission … but not under Section 3 of the Act. Hearing on penalty is extended to all other cases under Chapter VI of the Act including for non-cooperation and gun-jumping, but not for penalties in respect of contraventions under … provisions” hereafter) of the Act and the notification dated 31.03.2011 amending Regulation 48 (1) of the Competition Commission of India (General) Regulations, 2009 (hereafter “the

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

Rules, 2002 (for short, '2002 Rules'). Assessee has installed three gas turbines in their factory for generation of electricity. All the three turbines have capacity to generate electricity of 20 MW each. Till June 2002, assessee was … (iii), (iv) and (v) above; andvii. the additional duty of excise leviable under Section 157 of the Finance Act, 2003 (32 of 2003), paid on any inputs or capital goods received in the factory on or after the … (appellant) is engaged in the business of manufacturing motor vehicles falling under Chapter 87 of Central Excise Tariff Act, 1985. These motor vehicles are cleared … of fertilizer;iv. Omitted.v. newsprint, in rolls or sheets, falling within heading No. 48.01 of the said First Schedule;vi. final products falling within Chapters 50 to

B.S.N.L. Vs. Telecom Regulatory Auth.of India and ors.

Court : Supreme Court of India

Subject : Service Tax

cannot be used for framing regulation on that topic. Learned senior counsel referred to Section 62 of the Electricity Act, 2003, which, according to him, is pari materia to Section 11(2) and argued that in view of paragraph 15 … the order, such of its powers and functions under this Act (except the power to settle dispute under Chapter IV and to make regulation under section36) as it may deem necessary. 35.Power to make rules.- (1) The

Gujarat Urja Vikash Nigam Ltd. Vs. Essar Power Ltd.

Court : Supreme Court of India

Subject : ArbitrationElectricity

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 11, 11(5) and 11(6); Gujarat Electricity Industry (Reorganization and Regulation) Act, 2003; Electricity Act, 2003 - Sections 79, 79(1), 86(1), 94(2), 158, 173, 174 and 175; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; Mimansa Rules; State Grid Code; Constitution of India - Article 14; Arbitration and Conciliation Ordinance, 1996

Reported in : AIR2008SC1921; 2008(2)ARBLR1(SC); 2008(2)AWC1238(SC); (2008)2CompLJ357(SC); 2008(4)CTC539; 2008LC(SC)1; (2008)3GLR2246(SC); JT2008(3)SC336; (2008)4MLJ573(SC); (2008)4SCC75; 2008AIRSCW2169

Ahmedabad (hereinafter in short 'the Commission') by Application No. 873 of 2005 made under Section 86(1)(f) of the Electricity Act, 2003 (hereinafter in short 'the Act of 2003').8. Since the Nigam did not send its approval for appointment of … of dealing with conflicts which have been fully discussed by Shabar Swami in his commentary on Sutra 14, Chapter III, Book III of Jaimini.(1) Where two texts which are apparently conflicting are capable of being reconciled, then

Anand Tiwari Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Land Acquisition

40(1)(a)(aa) is concerned, learned Advocate General and learned Senior Advocate invited my attention to section 165 of the Electricity Act, 2003 and the amendment to section 40 made by virtue of this provision, to say that the meaning of … pointed out by Shri Vivek Rusia that respondents in the return have stated that action is taken under Chapter VII of the Land Acquisition Act, but the procedure contemplated under Chapter VII has not been followed. Accordingly, … is being acquired, out of which 107.02 Hectares is Government Land and 486.62 Hectares is private land, belonging to the petitioners and various other persons,

Siyalal Kachi Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Land Acquisition

40(1)(a)(aa) is concerned, learned Advocate General and learned Senior Advocate invited my attention to section 165 of the Electricity Act, 2003 and the amendment to section 40 made by virtue of this provision, to say that the meaning of … pointed out by Shri Vivek Rusia that respondents in the return have stated that action is taken under Chapter VII of the Land Acquisition Act, but the procedure contemplated under Chapter VII has not been followed. Accordingly, … is being acquired, out of which 107.02 Hectares is Government Land and 486.62 Hectares is private land, belonging to the petitioners and various other persons,

B.T.Kokila Vs. the Chairman, Tamilnadu Electricity and ors.

Court : Chennai

Subject : Electricity

Acts : Tamil Nadu Electricity Supply Code - Regulation 23(AA); Electricity Act, 2003 - Section 135; Code of Civil Procedure (CPC) - Order 21

the cases on hand, barring one or two, are cases in which proceedings under Section 135 of the Electricity Act, 2003, have been initiated. 3. In some cases, the petitioners have come up with writ petitions, immediately after provisional … (1-A) enables the licensee or supplier to restore the supply line within 48 hours of the deposit of the assessed amount or electricity charges in … appellate and revisional jurisdiction of this Court under Section 156, in a manner similar to those prescribed by Chapters 29 and 30 of the Code of Criminal Procedure. 21. An interesting facet of Sections 154 to 156

Anil Soni Vs. Union of India and anr.

Court : Delhi

Subject : MRTP

PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Interpretation of sub-Section 2 of Section 77 of The Electricity Act, 2003, falls for consideration in the two captioned petitions. Two additional issues, the first pertaining to Dr.R.K.Pachauri, alleged to … with a statutory requirement, it normally need not be a formal one, governed by the requirements discussed in Chapters 6 and 7. The characterization of an administrative act as legislative instead of judicial is thus of great

Karnataka Power Transmission Corporation Vs. M/s Shamanur Sugars Limit ...

Court : Karnataka

Subject : Education

WP No.46495 of 2012 3. Declare that the second respondent in exercise of powers U/s 79 of the Electricity Act, 2003 cannot sit in appeal over the directions issued U/Ss 31 and 32 of the said Act.4. Declare that … or on a similar body. We notice that under the Telecom Regulatory Authority of India Act, 1997 in Chapter IV, a similar provision is made for an appeal to a Special Appellate Tribunal and thereafter a further … ambit of 79(1)(a) to (d) of the Act and as such, - 48 - WP No.46495 of 2012 CERC would not have jurisdiction under Section