Judgment Search Results Home > Cases Phrase: electricity act 2003 section 131 vesting of property of board in state government Court: guwahati Page 1 of about 4 results (0.094 seconds)

Naren Chandra Kalita Vs. Assam State Electricity Board and ors.

Court : Guwahati

..... clause 21 of the terms as under:21 malpractice(i) malpractice : contravention of any provision of the terms and conditions of supply, 1986, the indian electricity act, 1910, the electricity (supply) act, 1948, the indian electricity rules, 1956 or any other law/rule governing the supply and use of electricity regulating order shall be treated as malpractice, and the consumer indulging in any such malpractice shall be liable at law/rule/order, subject to the generality ..... the bill failing which the amount in the assessment bill shall be treated as arrear due against you and your service connection may be disconnected as per section 24 of indian electricity act, 1910.an appeal may be preferred by you against the assessment bill to the appellate authority, if you so desire namely e.e.ged (w) ghy-9please acknowledge receiptthanking youyours faithfullysd/- illegible28-8- ..... was charged with the allegation of tampering with the seal of the meter fixed on ct/ pt box and accordingly they were slapped with a compensation bill amounting to 8,55,77,131/- that was challenged in the high court under writ jurisdiction under the article 226 of the constitution and high court disposed of the said writ petition by issuing ..... his testimony in cross, he stated that board maintained the meter and if there were complaint, the board official went and rectified the ..... alloy's case air 2003 sc 1354 (supra), the supreme court accepted the view taken by the concerned chief engineer being the appellate authority .....

Padmanath Sarmah Vs. Hitendra Nath Goswami and ors.

Court : Guwahati

..... mittal, learned senior counsel appearing for the petitioner with reference to the provisions of the assam state electricity board act and the indian electricity act argued at length to show that the chairman is a person in the service of the government.section 5f of the electricity (supply) act, 1948 provides for constitution and composition of the state electricity board. ..... that apart, the provisions in sections 33 and 60 of the electricity (supply) act, 1948 would further indicate extensive control of the state government over the board in all its affairs. ..... mittal, learned senior counsel argued with reference to the provisions of indian/electricity act, 1948 that the state government has extensive control over the affairs of the board and, therefore, the returned candidate being the minister in-charge of power department must have influenced the chairman to get the schemes prepared specially for his constituency including the scheme for construction of 11 kv power ..... section 78a vests with the state government the powers to issue direction to the board in discharge of its functions on all questions of policy. ..... 29 is another letter written by the additional chief engineer, jorhat forwarding a letter dated 23rd april, 2003 (ext. ..... before the issues are taken up for consideration, it would be apposite to mention here that the election petition was filed in the month of june 2001 and service on the respondents could be completed by 17.3.2003. .....

Sitaram Singh Vs. Meghalaya State Electricity Board and ors.

Court : Guwahati

..... on the said basis, it is contended that the 1996 regulations not having been notified as required under section 79 of the electricity (supply) act, 1948 and the same not having been placed before the state assembly as visualised in section 79(a) of the aforesaid act, the 1973 regulations will still prevail. ..... unless the regulations sought to be framed by the board covering any of the matters specified in section 79 of the electricity (supply) act, 1948 are published in the official gazette, such regulations can not have any legal ..... to the effect that 1996 regulations cannot take away the rights earned under 1973 regulations pre-suppose the existence of any such right vested in the petition for consideration for promotion in accordance with the 1973 regulations. ..... the aforesaid rejoinder affidavit, the petitioner contended that the promotion impugned in the present proceeding was required to be made by adhering to the provision of assam state electricity board engineering service regulations, 1973 (hereinafter referred to as 1973 regulations) and not on the basis of the meghalaya state electricity service regulations, 1996 (hereinafter referred to as 1996 regulations). ..... view of the provision of regulation 37 as it stood, prior to the amendment, which would govern the instant process of promotion, the respondent no. ..... view of the expressed provisions of 1996 regulations, it can not be said that 1973 regulations will continue to hold the field so as to govern the promotion in question. .....

Assam Conductors and Cables Manufacturers' Association and Ors. Vs. As ...

Court : Guwahati

..... learned counsel has drawn our attention to section 108 of the electricity act, 2003 to submit that the board is bound to follow the direction by the state government section 108 of the electricity act, 2003 reads as follows :108. ..... 'the 'state commission', mention in section 108 of the electricity act, 2003, has been defined under clause (64) of section 2 of the said act, which reads as follows :'state commissions' means the state electricity regulatory commission constituted under sub-section (1) of section 82 and includes a joint commission constituted under sub-section (1) of section 83.8. ..... -- (1) in the discharge of its functions, the state commission shall be guided by such directions in matters of policy involving public interest as the state government may give to it in writing. ..... (2) if any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the state government thereon shares al be final. ..... directions by state government. ..... in view of the materials available on record, we are of the view that whether a particular work or project is to be implemented or carried out as per turn-key system or work-contract system, the decision is to be taken by the assam state electricity board only in accordance with the rules, regulations and guidelines and as per the government of india circulars, directives, if any, and for the vested interest of the aseb. .....

Bharat Hydro Power Corporation Ltd., Guwahati and ors. Vs. State of As ...

Court : Guwahati

..... from the date, if earlier, on which the undertaking of the licensee is sold to a purchaser in pursuance of any of the succeeding clauses or is delivered to a designated purchased in pursuance of sub-section (3), all the powers and liabilities of the licensee under this act shall absolutely cease and determine;(b) the state government shall enquiry from the state electricity board, and where the licensee is not a local authority, also from any local authority constituted for the area within which the whole of ..... the appointed day, shall continue to be liabilities and obligations of the company.section 5 (1) liabilities of the undertaking of the company incurred in any period upto the appointed day shall be the liabilities of the company and shall be enforceable against it and not against the state government or where the undertaking of the company are directed, under section 6 to vest in the board, against that board :provided that the state government may, after observing proper financial formalities and by notification, declare certain liabilities ..... (1) on the appointed day the property, rights, liabilities and obligations specified hereinbelow in respect of the company shall vest in the slate government:-- (i) all the fixed assets of the company and all the documents relating to the company;(ii) all the rights, liabilities and obligations of the company under hire purchase agreement, if any, for supply of materials or equipments .....

Bajrang Tea Manufacturing Company (P) Ltd. and ors. Vs. the Assam Stat ...

Court : Guwahati

..... there is a duty cast on the board to submit in february of every calendar year to the state government annual financial statement (section 61) with details as to capital, revenue receipts, expenditure likely in the ensuing year. ..... what is said in that context is instructive (at page 12) : 'it appears that the only object of enacting that amended provision is to nullify the effect of the judgment which became conclusive and binding on the parties to enable the state government to retain the amount wrongfully and illegally collected as sales tax and this object has been sought to be achieved by the impugned amendment which does not even purport or seek to remedy or remove the defect and ..... before the revising of tariff, the board on march 3, 1985 approached the state government and obtained their permission for revising tariff and on august 18, 1986 published rates effective from july 1, 1986. ..... the generation and supply of electricity in the state is regulated by two central enactments -- one is called the indian electricity act 9 of 1910 and the other is the indian electricity (supply) act 54 of 1948. ..... loan guaranteed by the state government includes loans due for payment in the financial year as well as those loans which became due for payment in any previous year but remained unpaid (section 67). ..... in all the states of india electricity boards are constituted under section 5 of the act 34 of 1948. ..... the board is vested with prerogative power to supply as it thinks fit. .....

Nepal Chandra Paul Vs. the State of Tripura and ors.

Court : Guwahati

..... magistrate and collector, west tripura, agartala, under section 12 of the indian electricity act, 1910, (for short 'the act') for compensation as would be clear from annexure-c to the writ petition, and when the district magistrate and collector, west tripura, agartala, did not pass any order on the said claim of the petitioner for compensation, he filed a representation under section 12(4) of the act before the principal secretary, department of power, government of tripura, and this court in wp(c) 72/99 in ..... -section (4) of section 12 of the act provides that the order passed by the district magistrate under sub-section (2) shall be subject to revision by the state government.5 ..... section 52 of the act further provides that when any matter is by or under the act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the license of the licensee, be determined by such person or persons as the state government may nominate in that behalf on the application of ..... order made by a magistrate or a commissioner of police under sub-section (2) shall be subject to revision by the state government.19. ..... since under the provisions of section 19 of the act, the dispute between the petitioner and the state respondents with regard to the claim of compensation has to be determined by arbitration, the matter will now have to be determined by such person or persons as the state government may nominate in that behalf on the application of either .....

Nepal Chandra Paul Vs. State of Tripura

Court : Guwahati

..... district magistrateand collector, west tripura, agartala, under section 12 of the indian electricity act, 1910, (for short 'the act') for compensation as would be clear from annexure-c to the writ petition, and when the district magistrate and collector, west tripura, agartala, did not pass any order on the said claim of the petitioner for compensation, he filed a representation under section 12(4) of the act before the principal secretary, department of power, government of tripura, and this court in wp(c) 72/99 ..... -section (4) of section 12 of the act provides that the order passed by the district magistrate under sub-section (2) shall be subject to revision by the state government. ..... section 52 of the act further provides that when any matter is by or under the act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the licence of the licensee, be determined by such person or persons as the state government may nominate in that behalf on the application of ..... order made by a magistrate or a commissioner of police under sub-section (2) shall be subject to revision by the state government. 19. ..... since under the provisions of section 19 of the act, the dispute between the petitioner and the state respondents with regard to the claim of compensation has to be determined by arbitration, the matter will now have to be determined by such person or persons as the state government may nominate on that behalf on the application of either .....

Nepal Chandra Paul Vs. State of Tripura

Court : Guwahati

Reported in : AIR2000Gau167

..... district magistrateand collector, west tripura, agartala, under section 12 of the indian electricity act, 1910, (for short 'the act') for compensation as would be clear from annexure-c to the writ petition, and when the district magistrate and collector, west tripura, agartala, did not pass any order on the said claim of the petitioner for compensation, he filed a representation under section 12(4) of the act before the principal secretary, department of power, government of tripura, and this court in wp(c) 72/99 in fact directed ..... of the main provision in sub-section (2) of section 12 of the act quoted above would show that without the consent of the owner or occupier of the land concerned, a licensee cannot lay down or place any electric supply-line over or under any land not dedicated to public use whereon, whereover, or whereunder any electric supply-line or work has not already been lawfully laid down or placed by such licensee.the proviso to sub-section (2) of section 12, however, states that any support of an overhead ..... since under the provisions of section 19 of the act, the dispute between the petitioner and the state respondents with regard to the claim of compensation has to be determined by arbitration, the matter will now have to be determined by such person or persons as the state government may nominate on that behalf on the application of either party.7. .....

Murari Tea Industries Vs. Aseb and ors.

Court : Guwahati

..... - (1) malpractice; contravention of any provision of the terms and conditions of supply, 1986 the indian electricity act, 1910, the electricity (supply) act, 1948, the indian electricity rules, 1956 or any other law/rule governing the supply and use of electricity regulating order shall be treated as malpractice, and the consumer indulging in any such malpractice shall be liable at law/rule/order subject to the generality as above ..... saikia, learned counsel further argued that the terms and conditions of supply, 1988 was framed in exercise of the power under section 49 of the electricity supply act, 1948 by which the power was given to the board to alter any terms and conditions as regards to the supply of electricity. ..... 24 dated 7.2.1991 of assam state electricity board, here-in-after referred to as 'aseb'.2 ..... adverting to the circular dated 15.3.1991 annexed as annexure-9 to the affidavit-in-opposition filed by the aseb, the learned counsel for the petitioner states that the said circular could not be said to be the amendment in true sense inasmuch as the same is made in clear violation of clause 27(ii) which requires prior notice of not less than 30 days for amendment/subtraction and ..... state electricity board reported in air 1988, sc 985 ..... counsel appearing on behalf of the aseb on the other hand vehemently opposed the contentions of the petitioner and states that there was no illegality in making theamendment of clause 22(a)(iii) of the terms and conditions vide circular dated 15.3. .....