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Batra Hospital Employees Union vs.batra Hospital & Medical Research

Court : Delhi

..... ago, the learned single judge of the high court of bombay examined, in maharashtra state electricity board v its workmen, (1968) ii llj552(bom), the issue of whether the maharashtra state electricity board (hereinafter referred to as the board ) was exempted from the applicability of the act, by virtue ..... the tribunal, on the suggestion, given by the petitioner to mw-1, that the municipal corporation charged subsidized rates for water and electricity from the respondent- hospital, and that equipments imported by the respondent-hospital were duty ..... the act is intended to achieve the socialistic goal as enshrined in the preamble of the ..... matter which came before it, seen that the certificate issued by the ministry of health, on the basis whereof exemption from payment of customs duty was sought by the hospital concerned, w.p (c) no.5349/2004 page 42 of 48 specifically stated that the hospital was being certified as a charitable hospital in view of the terms and conditions, governing such certification, contained in the customs notification ..... the statute unambiguously excludes an institution, then, needless to say, it is no part of the duty of the court to bend backwards to encompass the institution within ..... that, notice of memorandum of association of its objects, was the duty to sponsor, promote, manage, set up, acquire, construct or install any plant or works which directly w.p (c) no.5349/2004 page 29 of 48 or indirectly promote or advance projects of general public utility (not involving .....

Dravida Munnetra Kazhagam, Rep. by its Organization Secretary, R.S. Bh ...

Court : Chennai

..... therefore, it is the bounden duty of the election commission to verify the antecedents of the candidates by getting affidavits from the candidates, as the state election commission notification bearing s.o.no.43/2006/tnsec/eg dated 01.09.2006 mandates every candidate desiring to contest an election to a local body, to furnish full and complete information, in regard to five categories including criminal background referred to in para five of the preamble to the notification, at the time of filing nomination. ..... (1) notwithstanding anything contained in this act, or in any other law for the time being in force, the government may, by notification, if necessary, appoint special officers to exercise the powers and discharge the functions of the village panchayats, the panchayat union councils, or the district panchayats, as the case may be, until the day on which the first meetings of the village panchayats, the panchayat union councils, or the district panchayats, as the case may be, are held after ordinary elections to the said panchayats after the commencement of this act. ..... state of maharashtra and others, 2007 (2) scc 588; and in indian bank's association, bombay and chandrakishore jha v. ..... the apex court in tamil nadu electricity board v. .....

Cellular Operators Association of India New Delhi and Others Versus De ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... maharashtra electricity regulatory commission and ors. ..... after asserting that the marginal notes and other `appendages' are not part of an act, said of any act, passed after the practice of actually engrossing acts on the parliament roll ceased in 1849: `the act, when passed, must be looked at just as if it were still entered upon a roll, which it may be again if parliament should be pleased so to order; in which case it would be without these appendages.... ..... we may furthermore notice hereto below, a copy of a demand made on m/s idea mobile communications ltd dated 10.7.2006 which reads as under :- as per the reconciled outstanding as on 31.12.2001(with interest) intimated wpc branch, accounts for haryana, kerala and up(west) service areas have been recalculated and outstanding dues as on 30.06.2006 are as follows. s.no. ..... kerala state electricity board manu/sc/0310/1975 : [1976]1scr70 , that the modern trend is to take into consideration the marginal note. ..... having regard to the fact that the respondents did not initiate any proceeding and no demand was made prior to 2006, even the provisions of the interest act, 1998 would not be applicable in the facts and circumstances of this case. ..... it is considered to be a preamble of that section to which it pertains. ..... bombay environmental action group and ors. ..... in bombay dyeing and mfg. co. .....

Reliance Industries Limited a Company Registered Under the Provisions ...

Court : Mumbai

Reported in : 2010(1)BomCR159

..... in keeping with the industrial policy so announced, the state government issued a notification dated 22/6/1993 in exercise of the powers conferred by section 5a of the bombay electricity duty act, 1958 ('the act' for short) and exempted from july 1993 the consumption of energy in respect of any industrial purpose in the whole of the state of maharashtra from payment of the whole of the electricity duty payable under part - f of the schedule to the said act subject to the following conditions, namely,(i) the exemption shall be available only in respect of energy generated in generating station installed on or after 1/7/1993 by the person carrying on the industry and consumed by himself for ..... however, the commission notes that the government of maharashtra currently levies an electricity duty (ed) on the consumption of the units generated from the captive power plant, under the bombay electricity duty act 1958, at the rate of 30 paise per unit on cpps commissioned after 01.04.2000, and at the rate of 15 paise per unit on cpps commissioned before 1st april, 2000.1.106 an important aspect of the philosophy behind this order on fossil fuel based captive power plants is to gainfully utilise the excess saleable capacity of the captive power plants. .....

Ravalgaon Sugar Farm Ltd. Registered Under the Companies Act, 1956 Vs. ...

Court : Mumbai

Reported in : 2009(6)BomCR316; 2009(111)BomLR4332

..... regarding captive generation declared vide the government resolution dated 25th ..... 4th april 2001 the state government exempted with retrospective effect from 1st april 2000, the consumption of energy generated in a generating station by a person carrying on an industry and consumed by himself for such industry, in the whole of the state of maharashtra, on payment of such part of electricity duty payable under clause (b) of part g of the schedule to the bombay electricity duty act, 1958, as in excess of 15 paise per unit of energy was consumed, subject to the condition that the generating set was installed in pursuance of the government of maharashtra policy prior to the revised policy ..... it would be appropriate to reproduce the impugned grs, as under,notification dated 1st april, 2000:under the provisions of section 5-a the bombay electricity duty act 1958 (bom act xl of 1958) and in exercise of the powers conferred there under and in supercession .....

Tata Power Company Limited Vs. Reliance Energy Limited and ors.

Court : Supreme Court of India

Reported in : 2008LC(SC)527; 2008(9)SCALE824; (2008)10SCC321

..... company limited with tata power, the government of maharashtra on 12.7.2001 transferred the said 1907 licence, 1919 licence and the 1953 licence to tata power and accordingly on and from 12.7.2001 tata power came to hold the aforesaid four licences on the basis of which it had been contended on behalf of tata power that it was entitled to sell, supply and distribute electricity not only to other distributing licensees, such as reliance energy limited and the bombay electric supply and transport undertaking (hereinafter ..... chagla pointed out that right from the 1903 act it had always been the intention of the government to introduce competition in the electricity trade and the same was explicitly mentioned not only in the preamble to the electricity act, 2003, but also in the sixth proviso to section 14 thereof, which deals with grant of licence, indicating that the appropriate commission could grant a licence to two or more persons for distribution of electricity through their distribution systems within the same area. mr. ..... venugopal lastly referred to section 42 of the 2003 act dealing with distribution of electricity, the duties of a distribution licensee and open access. .....

i.C.i.C.i. Limited and ors. Vs. Hico Products Ltd. and ors.

Court : Mumbai

Reported in : 2008(6)BomCR171

..... 1, even if it is assumed, is liable to pay the outstanding electricity charges, in view of regulation 10.5 of the maharashtra electricity regulatory commission (electricity supply code and other conditions of supply) regulations, 2005 (for short, 'the regulations'), legally they are not liable to pay anything more than the outstanding dues for a maximum period of six months. ..... with clear understanding, addressed the court in respect of the similar demand of dues by maharashtra electricity distribution company ltd. ..... clause (g) of section 55 of the transfer of property act, 1882 do indicate that the seller/vendor has to pay all public charges and rent accrued due in respect of the property upto the date of the sale, the interest on all encumbrances on such property due on such date ..... 1;(b) that the learned court receiver, high court, bombay be directed to hand over all the original title deeds of the property mentioned in lot no ..... that apart the expressions 'the existing dues' and 'other outgoings', apart from rents, rates, taxes, dues, and duties etc. ..... the property (subject to what is stated hereunder) is sold subject to all the existing rents, rates, taxes, dues, duties, and other outgoings and also subject to existing tenancies (if any) encroachments, charges if any, subsisting ..... part (a) of clause 29 provides that the property, subject to what is stated in this clause, is sold subject to all the 'existing dues and other outgoings' apart from rents, rates, taxes, dues, duties etc. .....

Akanksha International Through Its Proprietor Mrs. Anju Suryaprakash D ...

Court : Mumbai

Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753

..... it is argued before us that under the electricity act, 2003 and the maharashtra electricity regulatory commission (electricity supply code and other conditions of supply) regulations, 2005, there is change in the position of law and the division bench ruling in etco spinners pvt. ..... : 2006(6)bomcr186 , this court while considering the securitisation act, 2002 and the bombay sales tax act, 1959 has considered whether the sales tax will be a first charge on the assets of a company even if property is mortgaged by owner as security for loan from a bank and even where bank is authorised to take over and sell secured property without intervention of court or help of debt recovery act. ..... it is stated in the preamble that the state bank of india had granted to m/s amar amit jalna alloys private limited, d-52/5, additional m.i.d.c. ..... so, this preamble clearly shows that what was attempted to be sold was 'rights of creditor' and not the property of the debtor in auction sale.20. ..... has a statutory duty to supply electricity to the petitioner and the petitioner cannot be saddled with liability to clear arrears of electricity charges payable by erstwhile consumer. .....

Gitesh Pipes Private Limited, a Company Incorporated Under the Indian ...

Court : Mumbai

Reported in : (2007)109BOMLR1921

..... admittedly excepting the exemption claimable in respect of sales tax, which could be referable to the provisions of section 41 of the bombay salex tax act, the state government was not exercising any powers regarding the other exemptions under any statutory law but the absence of a statute did not prevent the state government from granting other benefit which it thought necessary to grant for the purpose of development of the backward regions of the state. ..... at page 68 there is a letter issued by the superintending engineer, o & m circle, maharashtra state electricity board to the executive engineer, m.s.e.b. ..... along with the affidavit in reply, the respondents have produced the original package scheme of incentives 1993 as annexure 'r-1' and it's preamble discloses that package scheme of incentives which is a scheme introduced in order to achieve dispersal of industries outside the bombay-thane-pune belt and to attract them to the underdeveloped and developing areas of the state. ..... it is not the case of the respondents that the doctrine of promissory estoppel cannot be invoked by the petitioners because the government has been acting in discharge of its duty in law or that acting in pursuance of the representation made in the letter of intent would be against any statute. .....

Dr. Chidananda H.T. S/O Late C. Chinnappa Vs. State of Karnataka, Repr ...

Court : Karnataka

Reported in : 2008(1)KarLJ312; ILR2007(2)Kar1933; 2007(3)KCCR1722; 2007(3)AIRKarR572

..... or rescind the order issued under section 22b was available to the government under the provisions of general clauses act which provides that the power to make orders, rules or bye-laws includes the power exercisable in the like manner and subject to the like conditions to act to amend, verify or rescind or revise.the use of the expression 'this shall remain in forces untill further orders' only means that the order can be changed or revised or amended or even withdrawn even in the middle of the year, before the expiry of the period. ..... learned counsel for petitioner submitted that, the preamble of the notification should be read in toto and it cannot be read between the lines. ..... koppar : air1981bom131 wherein the division bench of the bombay high court explained in paragraph-19 about the meaning of the words 'until further orders', at page 138, which reads as under:19. ..... this proposition is found in the decision in the case of stats of maharashtra and ors. v. v.g. ..... orissa state electricity board and ors. ..... the impugned notification is issued while the petitioner was discharging his duties in the said post putting all his efforts and taking into consideration the service and performance of the petitioner. .....