Court : Jharkhand
Reported in : [2003(3)JCR793(Jhr)]
..... that writ petition was filed by the damodar valley corporation (herein after referred to as dv corporation) praying for the issue of a writ of mandamus directing the jharkhand state electricity board to stop illegal and wrongful supply of electrical energy to its consumers at 30,000 volts or more, without permission of the dv corporation and to restrain the illegal supply of electricity in violation of the provisions of the damodar valley corporation act, 1948, to consumers and especially to a defaulting consumer respondent no. ..... it was pointed out that section 58 of the act provided that the provisions of the damodar valley corporation act, 1948 or any rule made thereunder shall have effect notwithstanding anything contained in any enactment other than that act or any instrument having effect by virtue of any enactment other than that act and hence that act will prevail. ..... in october, 2000, the appellant approached the dv corporation, which generates and supplies electricity in damodar valley, subject to the provisions of the damodar valley corporation act, 1948. ..... 5 section 18 of the damodar valley corporation act, 1948 came into force on 27.3.1948. ..... the appellant also did not file any writ petition of its own questioning the constitutional validity of section 18 of the damodar valley corporation act, 1948 which mr. .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT244(HC)
..... in the writ petition, petitioners referred to the relevant provisions of section 22(2)(v) of the damodar valley corporation act, 1948, wherein, it has been provided for re-settlement of the population displaced by the dams, acquisition of land for reservoirs and ..... . the parliament while enacting the damodar valley corporation act, 1948, for the multipurpose development project to emeliorate the economic conditions ..... the writ petitioners, the expression 'displaced person' has been explained in the said office circular which means 'a person whose lands have been acquired by the damodar valley corporation for the construction of the projects (excepting b & i) and in whose family none of the family members is already in damodar valley corporation service, the family for this purpose will be taken as it existed at the time of the acquisition of the land and will include also parents, ..... december 21, 1989, with the expectation that the damodar valley corporation will act in terms of the decision, as expeditiously as ..... panel, the writ petitioners were under the impression that they would be absorbed on priority basis as provided under section 22(2)(v) of the said act, but unfortunately no endeavour was made by the damodar valley corporation to re-settle the displaced persons.7. ..... according to the petitioners, a subsequent memorandum was issued by the damodar valley corporation, maithon, on february 10, 1978, for preparation of panel for rilling up class iii posts except security guard in .....
Tag this Judgment!Court : Kolkata
Reported in : [2001(88)FLR21],(2000)IILLJ1445Cal
..... the damodar valley corporation, (hereinafter referred to as the 'corporation') is a statutory corporation incorporated by and under the damodar valley corporation act, 1948. ..... in exercise of power so vested the corporation has made damodar valley corporation (conduct of business) regulations, 1951, damodar valley corporation service (conduct) regulations, 1955 and damodar valley corporation service regulations. ..... in damodar valley corporation service regulations the word 'employee' has been defined to mean an employee of the corporation, other than a casual employee or a member of the work-charged establishment or an employee of the damodar valley corporation coal mines not belonging to class i referred to in regulation 7 or a person paid from contingencies. ..... this writ petition is by three petitioners seeking a mandate upon damodar valley corporation to absorb them in the post of driver against sanctioned posts in which they are working:2. ..... in damodar valley corporation (conduct of business) regulations, 1951 it has been provided that the business of the corporation shall be transacted at a meeting of the corporation to be held ordinarily once a month or by circulation of relevant documents amongst the chairman, members and the financial advisor or in such other manner as may be determined by the corporation from time to time. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR371(Jhr)]
..... damodar valley corporation (hereinafter to be referred to as the corporation) is a body corporate and a corporation under the damodar valley corporation act, 1948 (hereinafter to be referred to as 'the act'). ..... in this regard, reference may be made to the office memorandum (annexure 12/a) of the meeting of ministry of energy, government of jharkhand with union minister of power, regarding the issues concerning jharkhand and damodar valley corporation follow up action meeting by additional secretary (power) on 10.5.2002 at 12 noon, wherein it was mentioned 'it was also clarified to the representative of jharkhand that vij committee's recommendation was not accepted and no order has been issued and the act had not been amended'.23. ..... thing contained in the indian electricity act, 1910 (ix of 1910) or any licence granted thereunder- (i) no person shall, without the permission of the corporation- (a) sell electrical energy to any consumer in the damodar valley where the energy is taken by the consumer at a pressure of 30,000 volts or more; (b) transmit electrical energy in the damodar valley at a pressure of 30,000 volts or more; (c) generate any electrical energy at an installation having an aggregate capacity of more than 10,000 kilowatts in any part of the damodar valley lying to the north of a ..... under section 18(i) of the act, no person without permission of the corporation can sell electrical energy to any consumer in the damodar valley at a pressure of 30,000 volts or more.21 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC440; (1976)3SCC710; [1977]1SCR118; 1976(8)LC740(SC)
..... the appellant is a corporation established under the damodar valley corporation act, 1948 for the development of the damodar valley in the states of bihar and west ..... short question which arises for determination in this appeal on certificate by damodar valley corporation against the judgment of patna high court dismissing the writ petition filed by the appellant is whether the appellant is liable to pay electricity duty under bihar electricity duty act, 1948 as amended by bihar electricity duty (amendment) act, 1963. ..... (e) consumed by the damodar valley corporation for the generation, transmission or distribution of electricity by that corporation; (f) .. .. (3) ..... charging section 3(1) roped in all industrial undertakings, including: the damodar valley corpora-lion, for the purpose of levy of duty. ..... duty act, 1948 (bihar act 36 of 1948) (hereinafter referred to as the principal act) was published in the bihar gazette on october 1, 1948. ..... although the principal act is a pre-constitution law, being an act of 1948, no order was admittedly made by the president withdrawing the exemption in respect of the appellant from levy of ..... there was no question of issue of any such order because the principal act did not provide for the imposition of electricity duty upon a corporation like the appellant. ..... this provision, containing express reference to the appellant corporation, clearly warrants the inference that in respect of units of energy not covered by clause (e) of sub-section (2) of section 3 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal581
..... pointed out at this stage that no regulations have yet been framed by the damodar valley corporation in respect of disciplinary or departmental proceedings likely to be taken against its officers, although the framing of regulations is contemplated under section 7 read with section 60, damodar valley corporation act, 1948 (act 14 of 1948), the affidavit of mr. ..... the different provisions of the damodar valley corporation act 1948 indicate that the corporation has a separate and independent existence and is a different entity from the union ..... the damodar valley corporation act has not expressly imposed ..... any other appropriate writ for quashing of an order of dismissal passed against the petitioner in certain departmental proceedings taken against the petitioner for misconduct in the discharge of his duties as an engineer employed under the damodar valley corporation and for prohibiting the opposite parties from giving effect to the said order of dismissal. 2. ..... just as the corporation of calcutta discharges certain duties and functions which are to be performed by the state government so also certain functions and duties of the union and the state governments have been allocated to the damodar valley corporation, but the corporation performs these duties and functions as a ..... engineer of the damodar valley corporation indicates in para. ..... to hold that there is any dutyeither express or implied in the corporation to act judicially or quasi-judicially in matters of dismissal of its employees. .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT68(HC)
..... learned lawyer for the appellant placed before us the various sections of the damodar valley corporation act, 1948. ..... it was sought to be argued on behalf of the appellant that by virtue of section 3, of the damodar valley corporation act, which provides for making the said corporation a body corporate, it has become an independent and autonomous body and that it cannot be said to be subordinate to the central ..... was sought to be argued on behalf of the appellant that the said damodar valley corporation is not an authority subordinate to the union of india as envisaged under section 23 of the requisitioning & acquisition of immovable property act, 1952. ..... in our opinion the said damodar valley corporation is not an autonomous body, having the right to formulate its own ..... is not in dispute that the said premises was requisitioned for the use and occupation by damodar valley corporation and/or its officers. ..... this is an appeal preferred by damodar valley corporation (hereinafter also referred to as 'dvc') against the judgment and order passed by a learned single judge of this court in exercise of 4he powers under the constitutional writ jurisdiction of this ..... , damodar valley corporation, is subordinate to the central government and in our opinion the learned single judge was right in his conclusions to the aforesaid ..... provides for the control of the central government in respect of the said damodar valley corporation. ..... circumstances there is hardly any doubt that the said damodar valley corpn. .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT314(HC),1998LabIC1087
..... section 60 of the damodar valley corporation act, 1948 empowers the corporation, with previous sanction of the central government, to make regulations for making appointment and promotion of its officers. ..... in this writ petition the petitioner who is a superintending engineer (civil) under the respondent damodar valley corporation (dvc, for short) inter alla prays for quashing the impugned order dated the 29th september, 1995 issued by the director (hrd) of the damodar valley corporation whereby the petitioner was denied promotion and the respondent nos. ..... of its employees- regulation 14 of the damodar valley corporation service regulations provides that promotion shall be based on merit, relative suitability of a candidate for a particular post and seniority, and shall in the case of promotion to class-1, be made ordinarily after considering the advice of the departmental ..... contention of the dvc authorities that by introducing this new appraisal and interview system, far from acting contrary to regulation 14, they haveonly introduced better system within the framework of the regulation 14 to assess the suitability of the candidates falling within the zone of consideration for promotion, it is also the contention of the respondents that in september 1993 the corporation took a decision that selection for the post of superintending engineer and above, as also for .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal421,[1963(6)FLR378],(1963)IILLJ569Cal
..... the damodar valley corporation established by the damodar valley corporation act, 1948, creates the corporation as a body corporate with perpetual succession and common seal under section 3 of the act but with no shareholding and board of directors, the participating governments ..... statutory corporations are created by special statutes, for instance such statutes as the damodar valley corporation act, 1948, the state bank of india act 1955, the rehabilitation finance administration act 1948 and the road transport corporation act, ..... the relief finance and administration act, 1948, establishes another type of corporation by the name rehabillitation finance administration which is a body corporate, with perpetual succession, common seal, and again without shares and without a board of directors but it is managed by a chief administrator called a chariman appointed ..... insurance corporation act, 1956 establishes again a different type of corporation called the life insurance corporation of india which is a body corporate having a perpetual succession and common seal, but with no share capital and no board of directors as such although section 20 of the act provides that the corporation may appoint one or more persons to be the managing director or directors of the corporation. ..... transport corpora-lion, : air1963cal116 has held that the calcutta state transport corporation established under the road transport corporation act is an incorporated body and is an entity different from the state .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj164; (2005)1GLR519
..... electricity or undertakes trading in electricity, whether before or after the commencement of this act, such government shall be deemed to be a licensee under this act, but shall not be required to obtain a licence under this act:provided also that the damodar valley corporation, established under sub-section (1) of section 3 of the damodar valley corporation act, 1948 (14 of 1948), shall be deemed to be a licensee under this act but shall not be required to obtain a licence under this act and the provisions of the damodar valley corporation act, 1948, in so far as they are not inconsistent with the provisions of ..... this act, shall continue to apply to that corporation:provided also that the government .....
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