Court : Supreme Court of India
..... section - 63 of the electricity act and as amended from time to time;26. we are of the view that it may not be appropriate to describe the ppa as a statutory contract. section 63 ..... the ppa in question, under the definition clause (article 1), bidding guidelines have been defined as follows:"bidding guidelines" shall mean the "guidelines for tariff based competitive bidding process for grid connected power projects based on renewable energy sources" issued by government of lndia, ministry of new and renewable energy on december, 2012 under ..... roa and others22. we notice the following passages which are apposite for this case. 19. black's law dictionary describes the term arbitrary in the following words:21. (2007) 7 scc14022 (2010) 7 scc67866 arbitrary. 1. depending on individual discretion; specif., determined by a judge rather than by fixed rules, procedures, or law.2. .....
Tag this Judgment!Court : Supreme Court of India
..... the process by which the property has to be disposed of. we cannot lose sight of the very objective of the introduction of the section whether under the west bengal amendment act or in any other state, i.e., that in case of under valuation of property, an aspect not uncommon in our country, where consideration may be passing through two ..... decision of v.n. devadoss9 case is per incuriam in view of paragraph 7 of kayjay industries10 case which held that a court sale is a forced sale notwithstanding the competitive element of a public auction, and the best price is often not forthcoming. the impugned judgment relies on the doctrine of deemed fiction to conclude that the object of ..... property for the purpose of registration and stamp duty. the joint receivers executed the conveyance in favour of sati pvt. ltd. and presented the same for registration on 16.05.2007 for sale consideration of rs.78,69,875. stamp duty of rs. 5,48,810 and registration fee of rs. 86,650 were also paid.4. however, on 14 .....
Tag this Judgment!Court : Supreme Court of India
..... year (i) arising from sales, leases and other dispositions of immovable property vesting in the corporation by reason of the enactment of the city of bombay municipal (amendment) act, 1933 or acquired by the corporation for any of the purposes of chapter xii a; and (ii) being payments of interest on and repayments in whole or ..... is in progress on the 26th august 2010, being the date of coming into force of section 3 of the maharashtra municipal corporations and municipal councils (third amendment) act, 2010, until it is so fixed, the tax 16 leviable and payable in respect of such buildings and lands shall provisionally be equal to the amount of ..... in that behalf were rejected by the high court after making following observations: 205. the liability to pay property taxes was always provided in the bmc act. by the impugned amendments, only the basis of computing property taxes has undergone a change. assuming that there is any retrospective operation, it is no facilitate transition form one .....
Tag this Judgment!Court : Supreme Court of India
..... supplied) 92.8. in k. krishna murthy (supra), as noticed, this court rejected the challenge to the constitution (seventy-third amendment) act, 1992 and the constitution (seventy-fourth amendment) act, 1992 which had inserted part ix and part ix-a to the constitution thereby contemplating the powers, composition and functions of the panchayats ..... the answer could only be in the negative for, in the state s efforts of ensuring all-inclusive socio-economic justice, there cannot be competition of claims for affirmative action based on disadvantages in the manner that one disadvantaged section would seek denial of affirmative action for another disadvantaged ..... : virendra kumar, basic structure of the indian constitution: doctrine of constitutionally controlled governance, 49:3, journal of the indian law institute, 365, 385 (2007)) 183. prof. virendra kumar believes that there is a difference between the fundamental rights and the values that structure such fundamental rights. he views the .....
Tag this Judgment!Court : Supreme Court of India
..... shall be without prejudice to the validity of anything previously done under that scheme.].9. under the same amendment act, sections 2(ka) and 2(kb) were introduced to the act. these provisions specify: 2. definitions. in this act, unless the context otherwise requires, [(ka) pension fund means the employees pension fund established under sub section ..... contribution by them is contemplated in order to remain in 38 | pag e the scheme. in such a situation, in our opinion, a legislative amendment of the act would have been necessary, providing for contribution to be made by an employee. to that extent, the provision of the scheme requiring contribution by an ..... 58 years of age or from the date of vesting admissible benefits under the scheme, whichever is earlier.12. section 7 of the 1952 act empowers the central government to amend the said scheme both prospectively and retrospectively, 19 | pag e subject to certain procedural compliances, as outlined in the said provision. this provision .....
Tag this Judgment!Court : Supreme Court of India
..... generating companies and transmission licensees; (b) the generation, transmission, distribution and supply of electricity are conducted on commercial principles; (c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments; (d) safeguarding of consumers' interest and at the same time, recovery of the cost ..... tariff when the relevant period for such tariff order is already over. therefore, we hold that it is not permissible to amend the tariff order made under section 64 of the 2003 act during the truing up exercise.56. issue nos. 1, 2, 3, and 5: we have already noticed that one ..... various competing concerns and interests. this balance is expressed in the derc (terms and conditions for determination of wheeling tariff and retail supply tariff) regulations, 2007 ( 2007 myt regulations ) which are the relevant regulations governing the issues in the present case. 2744. derc, for a given multi year period (also called the .....
Tag this Judgment!Court : Supreme Court of India
..... chancellor. clause (c) of section 8(1) provides for the constitution of a search committee. in 2019, the state legislature enacted the west bengal university laws (amendment) act 2019. the amended act was assented to by the governor of west bengal and was published in the official gazette on 27 august 2019. as a result of the 8 ..... period not exceeding four years, subject to the provisions of this section . the provisions of section 8(2)(a) were substituted by the amending act of 2019. section 8(2)(a) as amended stipulates that a vc shall be eligible for reappointment for another term 18 of four years subject to the satisfaction of the state government and ..... code and the entire section has to be interpreted; (iv) the provisions of the act could not have been by-passed by invoking section 60; (v) the re-appointment of the vc without following the procedure prescribed in section 8(1) eliminates competition and was in contravention of article 14 of the constitution; (vi) the appointment of .....
Tag this Judgment!Court : Supreme Court of India
..... using different resources, and energy security issues. x.x.x. 5.4 distribution x.x.x. 5.4.7 one of the key provisions of the act on competition in distribution is the concept of multiple licensees in the same area of supply through their independent distribution systems. state governments have full flexibility in carving out ..... grant of the second distribution license. the said distribution licence is neither co terminus with the existence of the revenue district nor would the distribution licence be amended, revoked or in any manner affected by delimitation or consolidation of revenue districts. any subsequent change to the area on account of consolidation of revenue district etc ..... and 4268 of 2006. jspl also preferred an appeal before this court being civil appeal no.4529 of 2006. this court, vide its order dated 19.09.2007, allowed the aforesaid appeals, set aside the order dated 11.05.2006 passed by the appellate tribunal and remanded the matter to the appellate tribunal for fresh .....
Tag this Judgment!Court : Karnataka Dharwad
..... may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery ..... instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. (3) the mention of the particular matters referred ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if .....
Tag this Judgment!Court : Karnataka Dharwad
..... may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery ..... instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. (3) the mention of the particular matters referred ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if .....
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