Court : Karnataka
..... counsel sri s.sriranga, appearing for the respondent kptcl and bescom would at the outset submit that petitioners have an alternative and efficacious remedy of filing an 33 appeal before the appellate tribunal for electricity constituted under section 111 of the electricity act, 2003 and the impugned order passed by the commission cannot be questioned before this court. ..... in my considered view, there cannot be a better example of bias of the subject matter or official bias on the part of the commission, to have already pre- judged the issue, directing the parties to come before it and decide the issue re-affirming what it had already decided ..... if right minded persons would think that there is real likelihood of bias on the part of an inquiring officer, he must not conduct the enquiry; nevertheless, there must be a real ..... observe this principle creates an apprehension of bias on the part of the said person. ..... adhere to this principle creates an apprehension of bias on the part of the said judge. ..... such proceedings 51 being a part of judicial functions of the commission require reasonable opportunity to be given to both parties of the ppa to present ..... such proceedings being a part of judicial functions of the commission require reasonable opportunity to be given to both parties of the ppa to ..... the learned counsel appearing for the respondent/bescom and the commission are unacceptable, as it is a clear case of official bias or bias of the subject matter on the part of the commission. .....
Tag this Judgment!Court : Karnataka
..... counsel sri s.sriranga, appearing for the respondent kptcl and bescom would at the outset submit that petitioners have an alternative and efficacious remedy of filing an 33 appeal before the appellate tribunal for electricity constituted under section 111 of the electricity act, 2003 and the impugned order passed by the commission cannot be questioned before this court. ..... in my considered view, there cannot be a better example of bias of the subject matter or official bias on the part of the commission, to have already pre- judged the issue, directing the parties to come before it and decide the issue re-affirming what it had already decided ..... if right minded persons would think that there is real likelihood of bias on the part of an inquiring officer, he must not conduct the enquiry; nevertheless, there must be a real ..... observe this principle creates an apprehension of bias on the part of the said person. ..... adhere to this principle creates an apprehension of bias on the part of the said judge. ..... such proceedings 51 being a part of judicial functions of the commission require reasonable opportunity to be given to both parties of the ppa to present ..... such proceedings being a part of judicial functions of the commission require reasonable opportunity to be given to both parties of the ppa to ..... the learned counsel appearing for the respondent/bescom and the commission are unacceptable, as it is a clear case of official bias or bias of the subject matter on the part of the commission. .....
Tag this Judgment!Court : Karnataka
..... counsel sri s.sriranga, appearing for the respondent kptcl and bescom would at the outset submit that petitioners have an alternative and efficacious remedy of filing an 33 appeal before the appellate tribunal for electricity constituted under section 111 of the electricity act, 2003 and the impugned order passed by the commission cannot be questioned before this court. ..... in my considered view, there cannot be a better example of bias of the subject matter or official bias on the part of the commission, to have already pre- judged the issue, directing the parties to come before it and decide the issue re-affirming what it had already decided ..... if right minded persons would think that there is real likelihood of bias on the part of an inquiring officer, he must not conduct the enquiry; nevertheless, there must be a real ..... observe this principle creates an apprehension of bias on the part of the said person. ..... adhere to this principle creates an apprehension of bias on the part of the said judge. ..... such proceedings 51 being a part of judicial functions of the commission require reasonable opportunity to be given to both parties of the ppa to present ..... such proceedings being a part of judicial functions of the commission require reasonable opportunity to be given to both parties of the ppa to ..... the learned counsel appearing for the respondent/bescom and the commission are unacceptable, as it is a clear case of official bias or bias of the subject matter on the part of the commission. .....
Tag this Judgment!Court : Patna
..... the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, transmission, distribution, trading and use of electricity, made radical ..... use it as a pretext or a pretence justifying the change but when the regulatory commission refused to give its seal of approval, apparently because there was something else in the offing, they, the board of the power holding company, resolved or alter the eligibility criteria. ..... regulatory commission in case no.03 of 2013 is part of annexure-6 series and the order has been passed with reference to section-86 of the act which provides for function of regulatory commission. ..... north bihar power distribution company limited for that part of the state lying north of river ganga and the south bihar power distribution company limited so far as those areas of the state of bihar which were ..... is a sad display of professional acumen on part of the top level management of the power ..... the prequalification criteria as mentioned above, shall be treated at part while evaluating the financial bid. ..... held that when the first tender itself was divisible and it was only state funding become doubtful and the intention was clear to proceed with the centrally funded part-a then cancellation of the whole tender and re-issuance of part was irrational. .....
Tag this Judgment!Court : Delhi
Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250
..... the english companies act, 1985 is perused, the provisions pertaining to 'takeover offers' (sections 428 to 430-f of part xiii a) are found to have been placed separately from those concerning arrangements and reconstruction (part xiii comprising sections 425 ..... the question which calls for determination is whether, in the factual matrix disclosed in the pleadings of the parties to this petition, section 395 of the companies act, 1956 (hereinafter referred to as `the act') could have been invoked by the respondents with the intent of compulsorily acquiring the entire shareholding of the petitioner, namely, aig (mauritius) llc in the erstwhile respondent no.2, tata cellular ..... it is possible that section 395 of the act is invoked in a scheme of merger or reorganisation of a company between several transferor companies with ..... the petitioner was excluded from this reorganisation in the sense that it was not allotted any separate shares of the new entity, but was still a part thereof by virtue of its holdings ..... and gujarat electricity board v. ..... this provision had replaced section 153-b of the indian companies act, 1913 (hereinafter referred to as `the old act'); and corresponds in substantial measure to section 209 of the english companies act, 1948 and section 124(1) of the companies act, 1934 (canada); the only difference being sub-section 4-a, which has been introduced into ..... at that point of time held 10 per cent shares in respondent no.2, was not included in the proposed reorganisation. .....
Tag this Judgment!Court : Patna
..... other interpretation is possible but even if i assume that interpretation put forth by the petitioner is feasible, it will result into a situation that an undertaking situated in the state of jharkhand shall pass on to the state of bihar after reorganisation of the state, which the parliament would not have envisioned and hence i have adopted an interpretation which advances justice and suppresses the evil.54. ..... order dated 24.5.2001 (annexure-5) of the government of jharkhand in its energy department whereby in exercise of power under article 49(1)(b)(d) and (e) of the articles of association and in supersession of all the earlier orders, it had constituted the board of directors of the tenughat vidyut nigam ltd;(3) to quash the order dated 31st of october, 2002 (annexure-6) of the government of india whereby it had ordered that all the assets and liabilities relating to tenughat vidyut nigam ..... jha submits that the electric (supply) act, 1948 has been repealed with effect from 10.6.2003 and as such same has no bearing on the decision ..... points out that section 47 of the act is in part vi of the act andsection 41(1) thereof which is also in part vi of the act, clearly contemplates thatpart vi shall apply in relation to the apportionment of the assets and liabilities ofthe erstwhile state of bihar before the appointed date and the petitioner being acorporate body from the date of its incorporation as envisaged under section 34of the companies act is the owner of the generating plant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)7SCC259; 2008AIRSCW4814; 2008(7)SCC259
..... for this court's determination was whether an agreement despite expiry would prevail over a regulation made under section 79(c) of the electricity (supply) act, 1948 as regards the age of superannuation of an employee of the respondent-board having regard to the use of the words 'time to time' in section 2 of the madhya pradesh industrial employment (standing orders) act, 1961 which applies to every undertaking wherein the number of employees on any day during the twelve months preceding or ..... . general provisions as to statutory corporations- (1) save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves the needs of the successor states or has, by virtue of the provisions of part ii, become an inter-state body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in ..... another parliamentary act, being punjab reorganisation act, 1966 (for short 'the 1966 act') was enacted in terms whereof the state of punjab was divided into the state of punjab, the state of haryana and the union territory ..... place on record that during pendency of the writ petition, members were appointed on 8.07.2002 whereagainst the board filed writ petition which was allowed by an order dated 14.08.2003 ..... . 7024 of 2002 and 8171-8172 of 2003 are dismissed and civil appeal arising out of .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT260
..... delhi transco ltd, seeking clarifications from the govt with respect to the competent authority new entity to deal with vigilance/disciplinary/court cases in relation to the employees of erstwhile dvb who could not become part of any of the companies on 1.7.02 in terms of delhi electricity reform (transfer scheme) rules, 2001 due to retirement /dismissal /removal /compulsorily retirement by the then dvbin exercise of the powers conferred by section 60 read with sections 15 and 16 of the delhi ..... the relevant provisions of the act are as follows:section 15 - reorganisation of delhi vidyut board and transfer of properties, functions and duties thereof(1) with effect from the date on which a transfer scheme prepared by the government to give effect to the objects and purposes of this act, is published or such further date as may be specified by the government (hereinafter referred to as 'the effective date'), any property, interest in property, rights and liabilities which immediately before the effective date belonged ..... f.11(94)/2003 power/202dated january 21/22,2004tothe director (ilr)delhi transco ltd.shakti sadan, kotla road,new delhi.sub: removal of doubt, dispute and difference under the provisions of delhi electricity reforms (transfer scheme) rules, 2001 and issue of clarificatory order by the govt. ..... state of rajasthan air 2003 scw 1848.44. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89
..... ;(b) to banking companies, except in so far as the said provisions are inconsistent with the provisions of the banking companies act, 1949;(c) to companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the indian electricity act, 1910 or the electricity supply 1948;(d) to any other company governed by any special act for the time being in force, except in so far, as the said provisions are inconsistent with the provisions of such special ..... according to the learned counsel, section 617 of the 1956 act is sui generis as is indicated by the chapter heading in part xiii 'general' which is 'application of act to government companies'; that a government company cannot be treated as public or private company, particularly when a separate chapter is made applicable to government companies. ..... a purely temporary provision which because of compelling forces justified differential treatment when the reorganisation act was enacted cannot obviously be permitted to assume permanency, so as to perpetuate that treatment without a rational basis to support it after the initial expediency and necessity have disappeared.xxx15. ..... the said 4 5 bombay housing board act, 1948 stood replaced by maharashtra housing and area development act, 1976 ('mhada act') which was enacted to consolidate, unify, and amend laws relating to housing, repairing and reconstructing dangerous buildings. ..... : (2003)iillj1078sc . .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD145
..... 1, 1956 under the states reorganisation act, 1956 as the sale of budding materials in a works contract was not subject to any levy of sales tax in another part of the same new state, namely the area which was formerly part of the area known as state of madhya pradesh (the ..... a purely temporary provision which because of compelling forces justified differential treatment when the reorganisation act was enacted cannot obviously be permitted to assume permanency, so as to perpetuate that treatment without a rational basis to support it after the initial ..... different portions of the new state of madhya pradesh were enacted by different legislatures, and under section 119 at the states reorganisation act all laws in force are to continue until repealed or altered by the appropriate legislature. ..... sales tax law in vindhya pradesh was validly enacted, and it brought its validity with it under section 119 of the states reorganisation act, when it became a part of the state of madhya pradesh. ..... pradesh : air1962sc981 , one of the contentions urged was that the levy of sales tax in the area which was formerly known as vindhya pradesh (a part 'c state) on building materials used in a works contract was discriminatory after the merger of that area in the new state of madhya pradesh which was ..... maintenance and electricity charges, water ..... 3966 of 2003, this court directed to implead the government of andhra pradesh represented by its secretary, general administration department ..... dated 29-8-2003 in .....
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