Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).971973 OF2008BHASKAR SHRACHI ALLOYS LTD. ETC.ETC. VERSUS .APPELLANT(S) DAMODAR VALLEY CORPORATION & ORS. ETC. .RESPONDENT(S) WITH CIVIL APPEAL NO(S). 1914 OF2008CIVIL APPEAL NO(S).45044508 OF2008CIVIL APPEAL NO(S).4289 OF2008JUDGMENT RANJAN GOGOI, J1 This group of appeals arise out of a common judgment and order dated 23rd November, 2007 passed by the learned Appellate Tribunal for Electricity at New Delhi (hereinafter referred to as learned Appellate Tribunal). The challenge in the appeals before the learned Appellate Tribunal was against the order of the Central Electricity Regulatory Commission (hereinafter referred to as CERC) dated 3rd October, 2006 determining the tariff 2 chargeable by the Damodar Valley Corporation (hereinafter referred to as Corporation) from the consumers of electricity generated and transmitted by the Corporation. The tariff has been determined under the provisions of ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).971973 OF2008BHASKAR SHRACHI ALLOYS LTD. ETC.ETC. VERSUS .APPELLANT(S) DAMODAR VALLEY CORPORATION & ORS. ETC. .RESPONDENT(S) WITH CIVIL APPEAL NO(S). 1914 OF2008CIVIL APPEAL NO(S).45044508 OF2008CIVIL APPEAL NO(S).4289 OF2008JUDGMENT RANJAN GOGOI, J1 This group of appeals arise out of a common judgment and order dated 23rd November, 2007 passed by the learned Appellate Tribunal for Electricity at New Delhi (hereinafter referred to as learned Appellate Tribunal). The challenge in the appeals before the learned Appellate Tribunal was against the order of the Central Electricity Regulatory Commission (hereinafter referred to as CERC) dated 3rd October, 2006 determining the tariff 2 chargeable by the Damodar Valley Corporation (hereinafter referred to as Corporation) from the consumers of electricity generated and transmitted by the Corporation. The tariff has been determined under the provisions of ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).971973 OF2008BHASKAR SHRACHI ALLOYS LTD. ETC.ETC. VERSUS .APPELLANT(S) DAMODAR VALLEY CORPORATION & ORS. ETC. .RESPONDENT(S) WITH CIVIL APPEAL NO(S). 1914 OF2008CIVIL APPEAL NO(S).45044508 OF2008CIVIL APPEAL NO(S).4289 OF2008JUDGMENT RANJAN GOGOI, J1 This group of appeals arise out of a common judgment and order dated 23rd November, 2007 passed by the learned Appellate Tribunal for Electricity at New Delhi (hereinafter referred to as learned Appellate Tribunal). The challenge in the appeals before the learned Appellate Tribunal was against the order of the Central Electricity Regulatory Commission (hereinafter referred to as CERC) dated 3rd October, 2006 determining the tariff 2 chargeable by the Damodar Valley Corporation (hereinafter referred to as Corporation) from the consumers of electricity generated and transmitted by the Corporation. The tariff has been determined under the provisions of ...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).971973 OF2008BHASKAR SHRACHI ALLOYS LTD. ETC.ETC. VERSUS .APPELLANT(S) DAMODAR VALLEY CORPORATION & ORS. ETC. .RESPONDENT(S) WITH CIVIL APPEAL NO(S). 1914 OF2008CIVIL APPEAL NO(S).45044508 OF2008CIVIL APPEAL NO(S).4289 OF2008JUDGMENT RANJAN GOGOI, J1 This group of appeals arise out of a common judgment and order dated 23rd November, 2007 passed by the learned Appellate Tribunal for Electricity at New Delhi (hereinafter referred to as learned Appellate Tribunal). The challenge in the appeals before the learned Appellate Tribunal was against the order of the Central Electricity Regulatory Commission (hereinafter referred to as CERC) dated 3rd October, 2006 determining the tariff 2 chargeable by the Damodar Valley Corporation (hereinafter referred to as Corporation) from the consumers of electricity generated and transmitted by the Corporation. The tariff has been determined under the provisions of ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;
S.B. Sinha, J.1. Leave granted.INTRODUCTION2. Validity and/ or application of Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003 (for short 'the 2003 Act') is in question in these appeals which arise out of a common judgment dated 13.07.2006 passed by a Division Bench of the High Court of Madras.LEGISLATIVE BACKGROUND3. Legislative competence in Central and Provincial Legislature in India was for the first time provided for by reason of the Government of India Act, 1935 (for short 'the 1935 Act'). Item 48-B of List II of the Seventh Schedule of the 1935 Act provided for taxes on consumption or sale of electricity subject, however, to the provisions of Section 154A of the 1935 Act which reads as under:154-A. Save in so far as any Federal may otherwise provide, no Provincial law or law of a Federated State shall impose, or authorize the imposition of, a tax on the consumption or sale of electricity (whether produced by a Government or other persons) which is -(a) consumed by ...
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 : 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(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 : 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. ...
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