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Indian Aluminium Company Limited and Another Vs. Karnataka Electricity ...

Court : Supreme Court of India

Reported in : AIR1992SC2169; (1992)2CompLJ177(SC); JT1992(3)SC535; 1992(1)SCALE1157; (1992)3SCC580; [1992]3SCR213

..... amendment arc to the following effect:(5) the party to an agreement or any other arrangement entered into prior to the commencement of the electricity (supply) (karnataka amendment) act, 1981 and providing for supply of electricity by the board shall, notwithstanding anything contained in the instrument of agreement or other arrangement or in any law including this act, in force at such commencement, pay, in respect of electricity so supplied after such commencement, price (by whatever name called) calculated in accordance with the uniform tariff framed or modified from time to time ..... that since this smelter plant was installed at belgaum on the invitation by the state of karnataka and electricity board by clearly assuring the company that uninterrupted supply of electricity would be made at a reasonable rate and on the basis of the understanding between the parties as embodied in the first and the second agreement, the principle of promissory estoppel was squarely attracted in the facts of the case and any demand of tariff for electric supply to the smelter plat of the company ..... contended that the denatured spirit or industrial alcohol comes within the purview of the control of the central government and hence central government alone was empowered to provide for regulating the distribution, transport, disposal, acquisition etc. .....

Tinsukhia Electric Supply Co. Ltd. Vs. State of Assam and Others

Court : Supreme Court of India

Reported in : AIR1990SC123; (1989)3SCC709; 1989(2)LC712(SC)

..... 32 of the constitution of india, the tisukia electric supply company limited and the dibrugarh electric supply company limited, which are licensees under the indian electricity act 1910 for the supply of electricity within the areas of the municipal hoards of tinsukhia and dibrugarh towns respectively, in the state of assam and the share-holder-managing directors of the two companies assail the constitutional validity of the indian electricity (assam amendment) act, 1973, and of the tinsukia and dibrugarh electric supply undertaking (acquisition) act, 1973. ..... due from consumers in respect of every hire-purchase agreement referred to in section 7(i)(ii) less a sum which bears to the difference between the total amount of the instalments and the original cost of the material or equipment, the same proportion as the amount due bears to the total amount of the instalments; (vii) any amount paid actually by the licensee in respect of every contract referred to in section 7(i)(iii).explanation-the book value of any fixed asset ..... union of india : [1981]1scr206 observed that the clear intendment of article 31c is that the power to enquire into the question whether there is a direct and reasonable nexus between the provisions of a law and a directive principle can ..... uoi : [1981]1scr206 :.the courts can, under article 31c, satisfy themselves as to the identity of the law in the sense whether it bears direct and reasonable nexus with a directive principle.the only question open to judicial .....

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

..... and molasses by the appellant sugar mills in view of the fact that regulation of these transactions is already effected by bihar sugarcane (regulation of supply and purchase) act, 1981 (for short 'sugarcane act') as well as by the sugarcane (control) order, 1966 and sugar (control) order, 1966 both issued under section 3 of the essential commodities act, 1950(hereinafter referred to as the 'essential commodities act') and also under the provisions of bihar molasses (control ..... communications, irrigations, soil analysis and other agricultural facilities relating to sugarcane;(b) to devise ways and means for executing development plan in all its essential including improvement and development of communications, cane varieties, supply of good quality seeds, fertilisers and manures, plant protection and prevention and control of diseases and pests;(c) to render all possible help in agricultural extension work of cane;(d) to assist in arrangements for ..... amongst others, the market committee fund has to be utilised under section 30 for the following purposes:(i) the acquisition of a site or site for the market;(ii) the maintenance and improvement of the market;(iii) the provision and maintenance of standard weights,(iv) the construction and repair of buildings [ ..... by learned senior counsel for the respondents, that some sugar factories may have taken benefit of electric lighting and preparation of approach roads by the market committees which might have spent sufficient funds for .....

Thana Electric Supply Company Ltd. and ors. Vs. Maharashtra State Elec ...

Court : Mumbai

Reported in : AIR1985Bom48; ILR1985Bom1514

..... the proceedings were a challenge to the provisions of the karnataka electricity supply undertakings (acquisition) act, 1974. ..... was not payable immediately upon possession of the undertaking being taken by the board; that the state government was given the power to decide whether the purchase price should be paid in annual instalments and to decide the amount of such instalments entirely as it deemed fit; that the provision for payment of interest was at a rate which was wholly inadequate; that no machinery was provided for the determination of the purchase price in the event ..... on 14th september 1981 the electricity (maharashtra amendment) act, 1981, (now called 'the amending act of 1981') received the assent of the governor of the state. ..... it remains only to refer to the amending act of 1981 by reason of which, where the amount was payable in instalments, interest was made payable from the date of delivery of the undertaking to the date of payment of the last instalment.25. ..... the electricity (maharashtra amendment) act, 1981, substituted cl. ..... it appears to us not unreasonable to provide that the licensee should not get the market value of service lines and other capital works installed at no cost to himself, but the exclusion of service lines and other capital works when only the depreciated book value of the undertaking is to be paid adds to the unreasonableness of that provision.69. .....

Indian Aluminium Co. Ltd. Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1991KAR3789; 1991(3)KarLJ609

..... unjust enrichment on the part of the petitioners in the matter of collection of tax and had held that the contract has not come to an end even with the enactment of the electricity (supply) (karnataka amendment) act referred to earlier and the clause in relation to indemnification or reimbursement under clause 6(c) of the agreement was still in force and the said clause 6(c) was enacted pursuant to powers under the ..... it is also stated therein that the karnataka act 33/1981 which amended electricity supply act, 1948 does not cover the provisions of the electricity supply (taxation on consumption) act and the terms governing reimbursement and indemnification in the hike in the rate of tax and the law did not nullify the undertaking given ..... the electricity (supply) (karnataka amendment) ordinance 1980, replaced by karnataka act 33 of 1981 came into force with effect from 21-11-1980, which amended section 49 of the electricity (supply) act, 1948, providing for a consumer of electricity to pay the price towards the electricity supplied calculated in accordance with the uniform tariff framed or modified from time to time and applicable to the category to which such consumer belongs irrespective of contracts that ..... it was held in that decision that the electricity (supply) (karnataka amendment) act 1981 operates in a different field and does not cover the questions of taxation and therefore the terms governing reimbursement and indemnification are not nullified by that enactment although .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... things done, in relation to any undertaking taken over, if they would have been validly made, given, issued, taken or done, had the madras electricity supply undertakings (acquisition) act 1949 (madras act 43 of 1949), and the rules made thereunder been in force on the date on which the said orders, decisions or directions, notifications, proceeding, acts or things were made, given, issued, taken or done are hereby declared to have been validly made, given, issued, taken or done, as the ..... the places she visits and that the government can mine this data in the future: with increasing regularity, the government will be capable of duplicating the monitoring undertaken in this case by enlisting factory or owner-installed vehicle tracking devises or gps enabled smart-phones in cases of electronic or other novel modes of surveillance that do not depend upon a physical invasion on property, the trespassory test may provide little guidance. ..... days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the central government or the authority or officer authorised as aforesaid.8) section 43 of the air (prevention and control of pollution) act, 1981 (1) no court shall take cognizance of any offence under this act except on a complaint made by (a) a board or any officer authorised in this behalf by it; or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged .....

Ananth Engineering Works and anr. Vs. Karnataka Electricity Board (Kpt ...

Court : Karnataka

Reported in : 2004(3)KarLJ337

..... has been inserted:'(5) the party to an agreement or any other arrangement entered into prior to the commencement of the electricity (supply) (karnataka amendment) act, 1981 and providing for supply of electricity by the board shall, notwithstanding anything contained in the instrument of agreement or other arrangement or in any law including this act, in force at such commencement, pay, in respect of electricity so supplied after such commencement, price (by whatever name called) calculated in accordance with the uniform tariff framed or modified from time ..... aehis relaxed(a) for commercial type ofinstallations: at 75 watts per square metre for the entire building area forall the floors as per plan or as actually constructed whichever is higher(b) for commercial and othertype of installations:(b) for domestic type ofinstallations:at 75 watts per square metreof the plinth area of the sanctionedplanat 50 watts per square metrefor the entire building area for all the floors as per plan or as actuallyconstructed whichever ..... compulsorily by them above and the owner/occupants of either the commercial shop or residential apartments are disentitled for applying for power supply in the prescribed form of their respective shops/apartments and whether the board has got the power on the basis of the requisitioned load, supply of such power, by giving installation to petitioners is either lt or ht and require to pay appropriate tariff under the respective category of tariffs rates that would .....

Sri Venkateswara Agricultural Farm Vs. Karnataka Electricity Board

Court : Karnataka

Reported in : ILR1994KAR1578; 1995(1)KarLJ566

..... are to the following effect:'(5) the party to an agreement or any other arrangement entered into prior to the commencement of the electricity (supply) (karnataka amendment) act, 1981 and providing for supply of electricity by the board shall, notwithstanding anything contained in the instrument of agreement or other arrangement or in any law including this act, in force at such commencement, pay, in respect of electricity so supplied after such commencement, price (by whatever name called) calculated in accordance with the uniform tariff framed or modified from time to ..... (6) the party to any such agreement or arrangement entered into after the commencement of the electricity (supply) (karnataka amendment) act, 1981, shall, notwithstanding anything contained in this act, or in such agreement or other arrangement, pay, in respect of electricity supplied by the board, price (by whatever name called) calculated in 'accordance with the uniform tariff framed or modified from time to time under sub-section (1) and applicable to the category to which such party ..... empowers the board to charge a different tariff in appropriate case under section 49(3) of the act, by the amending act, section 49 of the electricity (supply) act has been amended in its application in the state of karnataka. ..... seasonal industries -i) the installations shall not work to full capacity for more than nine calender months in each year and during the remaining months of the year, utilise power for administrative .....

Pilibhit Electric Supply Co. (P) Ltd. and anr. Vs. Special Officer (El ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)773; JT1996(9)SC346; 1996(7)SCALE528; (1996)11SCC288; [1996]Supp7SCR324

..... fixed assets employed in the business of electricity supply may consist of those assets which are wholly acquired at the cost of the licensee and may also include assets like service lines which may partly be acquired and installed at the cost of the licensee and partly out of contribution of the consumers who would be interested in getting electrical supply at their own premises and for ..... cost of local bodies for street lighting and works paid for by consumers), less depreciation calculated in accordance with the sixth schedule read with the seventh schedule to the electricity (supply) act, 1948;(ii) the book value of all works in progress taken over, excluding works paid for by the consumers or prospective consumers;(iii) the book value of all ..... of the sixth schedule which operated of its own even independently of the acquisition proceeding and prior thereto and had a direct linkage with paragraph i of the sixth schedule as applicable at the relevant time which clearly laid down that notwithstanding anything contained in the indian electricity act, 1910 and the provisions in the licence of a licensee, the licensee ..... acquisition of land under land acquisition act ..... electricity board and as the undertaking of the appellant-licensee stood statutorily acquired for the purpose of the state electricity board under section 6-a of the act, the question arose regarding determination of appropriate compensation to be paid to the erstwhile licensee for acquisition of its assets under the act .....

Maharastra State Electricity Board Vs. Thane Electric Supply Co. and O ...

Court : Supreme Court of India

Reported in : AIR1990SC153; (1989)3SCC616; 1989(2)LC427(SC)

..... the essentially statuary character of the business of the electricity supply undertakings carried on pursuant to the license granted under the 1910 act, and that the provisions of the said act and the electricity supply act, 1948, leave no doubt that the license and ..... does not provide for the transfer of the ownership or right to possession of any property to the state or to any corporation owned or controlled by the state, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property.to contend that where the transfer of ownership is not brought about by the operation of law itself-but, as here, only by a consensual transaction ..... it is, however, the contention of shri andhyarujina that the question whether the power given to the government to postpone payment of the price by fixing instalments and the statutory limitations on the rate of interest are violative of article 19[1][f] and [g] became purely academic in the present case as, indeed, under ..... exercising the option of purchasing the undertaking has been served under sub-section (1) of section 6 of the principal act before the commencement of the indian electricity (maharastra amendment) act, 1976, and the purchase price in respect of whose undertaking was not determined before such commencement.another legislative development was the amending act, 1981, which occurred during the pendency of the writ petition before the high court. .....