Court : Andhra Pradesh
Reported in : AIR1985AP299
..... according to the board, the township is treated as a separate category because of the several multi purposes for which the l.t.consumers in the township area availed electric supply and that, if the individual consumers in the township area so desire, they can make the necessary application for giving them supply and the board is prepared to arrange such supply and charge them tariffs, depending upon the category to which the l.t.consumers belong. 27. ..... charged with certain statutory objectives; (3) the board's monopoly in generation, supply and distribution of electrical power is designed to ensure rationalisation of production, supply and distribution of electricity in the most efficient and economical manner adopting measures conducive to electrical development and matters incidental thereto; (4) in achieving those statutory objectives, the board is governed, guided and restricted in its functioning by the provisions of the electricity act, 1910 (1910 act), the supply act, constitutional and public law limitations including the observance of principles of public ..... 5-a of the land acquisition act. ..... connection are installed to check and excessive use of l.t. ..... as would appear from the administration reports for three consecutive years 1980-81; 1981-82 and 1982-83, which have been placed before us, power is generated in the state either as hydro or thermal, each source roughly contributing to50% of the total power generation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1981AP125
..... carry out governmental or quasi-governmental functions ......'. after observing that the powers conferred upon such bodies may be commercial as well, the learned judge stated, 'the circumstance that the board under the electricity supply act is required to carry on some activities of the nature of trade or commerce does not, therefore, give any indication that the board must be excluded from the scope of the word 'state' as used in ..... that held that bharat petroleum corporation is an instrumentality or agency of the state, not on account of the fact that it was found to be virtually a statutory corporation working upon the wheels of the acquisition act, but because, on application of the functional test, they found that it is in truth and in reality, a mini-incarnation of the central government, made up of its 'blood and bones' ..... is to the effect that if a member fails to pay any call or instalment of a call, on the day appointed for payment thereof, the board may at any time thereafter during such time as any part of the call or instalment remains unpaid, serve a notice on him requiring payment of so much of the call or instalment as is unpaid together with any interest which may have accrued ..... . as a matter of fact in bharat petroleum case air 1981 sc 212 after referring to section 3 of the burmah shell (acquisition of undertakings in india) act, 1976, their lordships observed as follows:--'this provision lays bare the central object of making the central government the proprietor .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD49
..... the act provides for the discontinuance of electricity supply to the consumer and installation of meters for ascertaining the quantity and amount of supply made to a consumer, supply, transmission and use of energy by non-licensees, appointment of electrical inspector besides dealing with the offences and the procedure therefor ..... the petitioner contended that under the electricity (supply) act, 1948 (hereinafter referred to as 'supply act') and indian electricity act, 1910 (hereinafter referred to as 'electricity act') and it schedules, rules and conditions of supply notified by the board the service line charges are payable only towards cost of laying so or to amend the existing service line as may be necessary to be laid upon the property in respect of which requisition is made excluding ..... writ petition is opposed by the respondents, inter alia, contending that the 1st respondent-board is a statutory body constituted under section 5 of the supply act charged with the obligation to supply electricity to all including industries and for the purpose of fulfilling the said obligationsand statutory duties, the board had invested enormous amounts running into several hundred crores of rupees for acquisition of equipment, establishing the generating stations, laying distributing lines etc. ..... the 1st respondent-board issued bpms no.607, dated 21-7-1981 whereunder the consumers availing ht supply were required to change over to the stipulated voltages depending on their contracted maximum .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD401; 2008(1)ALT486
..... while further elaborating his submissions, the learned counsel also had pointed out to the relevant provisions of the land acquisition act and also the relevant provisions of the specific relief act and section 9 of the code of civil procedure in particular and would maintain that in the light of the clear language of section 18 of the land acquisition act, since there is an obligation to make a reference on the concerned authority or officer in the event of failure in doing so for enforcement of ..... 1981(2) aplj 396 and the division observed at paragraph 11 as follows:thus, the land acquisition act indicates a clear cut scheme on the question at issue, ..... resuscitate the excised clause (2) of article 31 by implication when parliament has itself chosen to give the go-by to the right, either as a fundamental right, or as a constitutional right.we may also note that the supreme court has in tinsukhia electric supply co. ..... he made enquiries which reveal that no reference was made so far by the land acquisition officer, although it was stated that a sum of rs.5,509.07 ps being the first instalment of payment, would be deposited as was mentioned in the notice under section 12(2), no amount was deposited in the civil ..... in not making a reference under section 18(2) of the act or depositing the first instalment into court. ..... a filter point was installed in the said land by the plaintiff at a cost of rs.2, ..... the first instalment of compensation was sent to this court on 11.2.1979 by way of a bank .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD788; 2004(6)ALT303
..... sub-clause (f) was not attracted, as the requirement of notice was only in the case of shut down of not less than 15 days duration.we are, therefore, of the view that the inability of the board to supply electric energy due to power cut or any other circumstance beyond its control as per the demand of the consumer according to the contract will be reflected in and considered as a circumstance beyond the control of the consumer which prevented ..... in exercise of powers conferred by section 49 of the electricity (supply) act, 1948, the board is empowered to notify the tariffs from time ..... to be penal but it was contended that it is not reasonable as in spite of the fact that the petitioners accepted to receive supply at high voltage and some of them have even installed the transformers and other equipments but still board was not in a position to lay supply lines for the high voltage supply of power and on this basis in substance it was vigorously contended that this enhanced rate should not be made chargeable from the ..... siemens and genelec sent replies in february, 1981 stating that supplies of the equipment could be completed, excluding transportation time, only 18 months after the orders were placed and that installation of the equipment at the site would take ..... we replied to the superintendent engineer informing him that we were trying to acquire land near the godavari bund, and requested him to visit the site and examine its suitability before we could finalise its acquisition. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD442; 2006(5)ALT361
..... (1) (2) (3)---------------------------------------------------------------------------------------------dwellings, detached, semi- retail shops, petrol filling all uses not detached tenements, flats, stations and installation of specifically herein dispensaries, community hall, machinery incidental to permitted including post-office, police station, fire shopping or running of the following: quarry-station, electric sub-station, customary home occupation ing of gravel, stone, nursing home, schools offering and cottage industries clay, sand ..... cases:- (1) where any land situated in any development area is required by the master plan or zonal development plan to be kept as an open space or unbuilt upon of is designated in any such plan as subject to compulsory acquisition, if at the expiration of ten years from the date of operation of the plan under section 10, or where such land has been so required or designated by any amendment of such plan, from the date of operation of ..... this court having regard to the provisions of the environment (protection) act, 1986, section 521 of hmc act, 1955 and the air (prevention and control of pollution) act, 1981, rejected challenge observing thus.from the aforementioned provision, it is clear ..... homes and hospitals not treating contiguous, diseases or mental patients, customary home occupations, public parks, play grounds, play fields, gardens, plant nurseries, water supply treatment plants, public assembly halls, cultural centers, medical centers. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1982)ILLJ224AP
..... conferred to carry out governmental or quasi-governmental functions ....'. after observing that the powers conferred upon such bodies may be commercial as well, the learned judge stated, 'the circumstances that the board under the electricity supply act is required to carry on some activities of the nature of trade or commerce does not therefore, give any indication that the board must be excluded from the scope of the word 'state' as used in ..... . to repeat, they held that bharat petroleum corporation is an instrumentality or agency of the state, not on account of the fact that it was found to be virtually a statutory corporation working upon the wheels of the acquisition act, but because, on application of the functional test, they found that it is, in truth and in reality, a mini-incarnation of the central government, made up of its 'blood and bones' ..... call on the day appointed for payment thereof the board may at any thereafter during such time as any part of the call or instalment remains unpaid serve a notice on him requiring payment of so much of the call or instalment remains unpaid serve a notice on him requiring payment of so much of the call or instalment as is unpaid together with any interest which may have accrued article 23 is to the effect that a share may be transferred by a member or other person entitled to transfer ..... . union of india, [1981-i l.l.j ..... 1212 of 77, dated 13th november, 1980; [1981-i l.l.j. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... provisions of the tamil nadu act were contrasted with the provisions of the land acquisition act and ultimately it was found that section 11 insofar as it provided for payment of compensation in instalments was ..... existing project clearances, approvals, and all the writings, deeds, instruments, documents in respect thereof and any other document relating to development, commissioning, construction, setting up, implementation, operation and maintenance of the existing project, fuel supply, and other similar agreements.existing project clearances shall mean any approval, no-objection, consent, license, registration, permit, sanction, certificate or other authorization of any nature obtained/required to be obtained from any government, ..... about the conditions as laid down under sub-section (3) of section 22 as to whether the company fulfills those conditions or not..the six factors which have been enumerated in the case of ajay hasia (supra) : (1981)illj103sc and approved in the later decisions in the case of ramana (supra) and the seven judge bench in the case of pradeep kumar biswas : (1979)iillj217sc may be applied to the facts of the present case ..... . further, arcil shall not accept/undertake any responsibility for any pending/outstanding statutory dues and any other dues such as water/electricity/service charges, transfer fees, dues of the municipal corporation/local authority dues, workmen's dues, sales tax or any other cess, duties, levies by whatever name it is called including .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1983]53CompCas73(AP)
..... even assuming that we are not right in our view that the main object of the company is banking business and that as it is not able to carry on that object in view of the acquisition act, the substratum of the company must be held to have disappeared, we are of the view that having regard to the facts and circumstances of the case, it is just and equitable to wind up the company ..... above reasons, we are of the view, as the main object of the company was banking business and as it is no longer entitled to carry on the said business in view of the acquisition act, it must be held that the substratum has disappeared even though, according to the memorandum of association construed in the light of the independent objects clause, it was authorised to carry on other businesses ..... the moment the banking business of the company was taken over by the acquisition act, the shadow was removed and the objects mentioned in the memorandum began to operate proprio vigore from the date of ..... construction of the objects clause of the memorandum that the working of the akola electric licence was not the main or principal object of the company, and that the main or principal object was to carry on the business and undertaking of electric supply. 26. ..... was given to the existing banks either to receive the compensation amount in cash in three equal annual instalments or in saleable or other transferable promissory notes of the central govt. ..... 5 of 1981, allowing ..... ..... . 5/1981, is ..... . 6/1981 has to be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... the petitioners challenged the legislation inter alia on the ground that while the parliament had legislative competence in respect of banking as defined under section 5(b) of the 1949 act and matters incidental thereto, as also for acquisition of that part of the undertakings of each of the taken over banks which relates to the business of banking, it lacked legislative competence in respect of any other business not incidental ..... institution or to a consortium of banks or financial institutions is less than ten lakh rupees or such other amount, being not less than one lakh rupees, as the central government may, by notification, specify.section 2 definitions:in this act, unless the context otherwise requires,-(d) 'bank' means-(i) a banking company,(ii) a corresponding new bank,(iii) state bank of india,(iv) a subsidiary bank; or(v) a regional rural bank;(e) 'banking company' shall have the meaning assigned to ..... there was a default in the repayment of the instalments or the loan amount and consequently a violation of the ..... (3) whether the state of gujarat had legislative competence to enact the gujarat gas (regulation of transmission, supply and distribution) act, 2001.the relevant scope and meaning of entry-53 of list-i and entry-25 of list-i i ..... ', 'primary rural credit society' and 'state co-operative bank' have meanings respectively assigned to these expressions in the national bank for agricultural and rural development act, 1981 (act 61 of 1981) [the 1981 act].20. ..... electricity .....
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