Court : Kolkata
Reported in : AIR1960Cal549
Sinha, J.1. The facts in this case are shortly as follows : The Damodar Valley Corporation, the respondent No. 1 in this case, is a statutory corporation which came into existence as a result of the passing of the Damodar Valley Corporation Act, being Act XIV of 1948, which came into operation on the 7th July, 1948. On the 8th April, 1950 the petitioner was offered the post of Assistant (Mechanical) Engineer in the work-charged establishment of the said Corporation, by the Director of Personnel. On the 19th August, 1950 he was appointed to the post of the Assistant Engineer (Mechanical) with effect from the 1st July, 1950. On the 20th June, 1951 he entered into articles of agreement with the Corporation, a copy whereof is annexure 'X' to the affidavit in opposition affirmed by Sohan Lal. The terms and conditions of his appointment are set out in the said articles. It was stated therein that his appointment would be for a term of three years commencing from 1st July, 1950 extensible at ...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR371(Jhr)]
ORDERGurusharan Sharma, J. 1. 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'). The present writ petition has been filed by the said Corporation and its Chief Engineer (Commercial) against Jharkhand State Electricity Board (hereinafter to be referred to as 'the Electricity Board') for issuance of appropriate writ or direction and restrain the Electricity Board from wrongful and illegal supply of electrical energy to its consumers-respondents 5 and 6 at 30,000 volts or more without permission of the Corporation and beyond the scope of the provisions of the Act.2. The Corporation generates and supplies power through its different power stations in the State of Jharkhand to different consumers governed under the Act for 30,000 volts and above. For voltage below 30,000 i.e. ranging between 230 volts upto 11,000 volts power are being ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC440; (1976)3SCC710; [1977]1SCR118; 1976(8)LC740(SC)
H.R. Khanna, J.1. The 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. The High Court answered the question in the affirmative against the appellant.2. 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 Bengal. One of the functions of the appellant is the promotion and operation of schemes for the generation, transmission and distribution of hydroelectric and thermal electrical energy. Bihar Electricity 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. It was an Act for the levy of du...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR840; [2007(1)JCR598(Jhr)]
M.Y. Eqbal, J.1. In this application under Article 226 of the Constitution of India, the petitioner M/s. Atibir Hi-Tech Pvt. Ltd has prayed for quashing the order dated 3.3.2006 issued by the Deputy Commissioner of Commercial Taxes, Giridih Circle, Giridih, whereby petitioner's application elated 27.1.2006 for cancellation of registration certificate issued under Rule 4 of the Bihar Electricity Duty Rules, 1949 and for refund of the amount realized by way of electricity duty has been rejected and a direction has been issued to the petitioner to make payment of electricity duty together with surcharge.2. The petitioner is an industry having Induction Furnace and Rolling Mill at Mohanpur in Giridih said to have been set up in 1998. The petitioner purchases electricity from Damodar Valley Corporation for the purposes of its industry under the agreement executed between the Damodar Valley Corporation being the licensee and the petitioner company. The petitioner-company started its commerci...
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR793(Jhr)]
P.K. Balasubramanyan, CJ.1. This is an appeal by respondent No. 6 WP (C) No. 1514 of 2002 on the file of this Court. 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. 5 in the writ petition. The writ petition having been allowed by the learned Single Judge, this appeal has been filed by respondent No. 6 challenging that decision. 2. The appellant is a manufacturer of ingots by melting sponge iron and pig iron. In October, 2000, the appellant approached the DV Corporation, which generates and supplies electricit...
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj164; (2005)1GLR519
K.S. Jhaveri, J.1. A common question of law and facts is involved in all these petitions and therefore all the petitions are considered together and decided by this common judgement.2. The petitioners herein are consumers of Gujarat Electricity Board. They are High Tension Consumers and they have been charged on the basis of tariff applicable to them as HT consumers.2.1 According to the petitioners, the respondent Board issued exhorbitant supplementary bills to the petitioners being differential amount due to revision of tariff on account of change of classification from HTP-I to HTP-II(A). The petitioners were also informed that although original connection was released under HTP-I category, considering the activities carried out by the petitioners in their units, their units would fall under HTP-II(A) category. It appears that the new tariff was introduced with effect from 10.10.2000 and the special bill has been calculated on the basis of new tariff. Therefore, the petitioners herei...
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT244(HC)
Paritosh Kumar Mukherjee, J.1. This appeal arises out of the judgment and order dated October 11, 1991 delivered by N. K. Mitra, J. of this Court whereby the writ application was finally disposed of by the learned Judge by directing the respondents to allow 91 persons (who affirmed supplementary affidavits and had been able to prove the authenticity of their respective titles) to be absorbed without any delay, by Damodar Valley Corporation (hereinafter referred to as D.V.C.).2. The facts leading to the moving of the writ petition by the Damodar Valley Displaced Employees' Union (hereinafter referred to as the Union), and the others are set out hereinbelow.3. Petitioner No. 1 the Union and petitioner Nos. 2 and 3, who were added as petitioners, moved this joint writ petition, inter alia, praying for writ in the nature of Mandamus upon the respondents concerned, to give appointment to the 'displaced persons' not only from the 'existing approved panel in existing formation' as per office ...
Tag this Judgment!Court : Kolkata
Reported in : [2001(88)FLR21],(2000)IILLJ1445Cal
Barin Ghosh, J.1. 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. The undisputed facts of the case may be summarised thus. The Damodar Valley Corporation, (hereinafter referred to as the 'Corporation') is a statutory Corporation incorporated by and under the Damodar Valley Corporation Act, 1948. Section 7 of the said Act provides that the pay and other conditions of service of the officers and servants of the Corporation shall as respects the Secretary and Financial Advisor, be such as may be prescribed, and as respects the other officers and servants be such as may be determined by the regulations. Section 60 of the said Act empowered the Corporation to make regulations with the previous sanction of the Central Government, by publishing such regulations in the form of notification in the Gazette pf India, for carrying out its functions under the Act. ...
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT68(HC)
Baboo Lall Jain, J.1. 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 Court. By the said judgment and order the learned Judge directed issuance of a Writ in the nature of mandamus commanding the respondents to release the requisitioned premises mentioned in Annexure 'C to the writ petition application from requisition and for delivery of vacant and peaceful possession thereof to the writ petitioners on or before 30th June, 1991. The learned Judge further directed commanding the respondent No. 5 to nominate an Arbitrator to determine the compensation payable for the premises under requisition, as mentioned in Annexure 'C to the writ application, in accordance with the provisions of Section 8 of the Requisitioning & Acquisition of Immovable Property Act, 1952.2. The writ petitioner No. ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal581
ORDERBose, J. 1. This is an application under Article 226 of the Constitution for the issue of a writ of certiorari and a writ of mandamus or 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. The petitioner who is a Bachelor of Science in Engineering of the University of Glasgow, was appointed as an Assistant Civil Engineer by the respondent Corporation for a term, of three years commencing from 22-8-1950 under an Agreement of Service entered into on 9-12-1950 on terms and conditions contained in the said Agreement. It is a term, of the said Agreement that the service of the petitioner might be terminated by the Corporation without previous notice if the Corporation was satisfied...
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