Court : Allahabad
Reported in : 2007(1)ARBLR544(All); 2007(2)AWC1726
..... empowering the state government to issue orders under section 49 for a period of 5 years from the date of enforcement of the aforesaid act. the transfer scheme 2000 was also amended by u.p. electricity reforms transfer scheme 2003 published on 9th june 2003 and clause-9 of transfer scheme 2000 was substituted by following provision:9.(1) the ..... shall prevail in the manner and to the extent provide in sub-section (3).(2) subject to sub-section (1), all matter in the indian electricity act, 1910 and the electricity (supply) act, 1948, with which the board has been concerned or dealing with, shall be subject to the following:(a) the board shall cease to undertake the functions ..... wholly owned by the state government of u.p. a major power reform was brought into force in the year 1999 by the legislature enacting u.p. electricity reforms act, 1999 (in short 'reforms act, 1999') which was assented to by the president of india on 23.6.1999 and published in u.p. gazette (extraordinary) on 7.7.1999 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All19
..... affording them an opportunity. the case is clearly distinguishable. it can lend no support to the petitioner's contention that in a matter of fixation of electricity charges under the supply act a consumer who has no direct interest in the matter of fixation of rates and who had made no representation in that regard should also be given ..... and the state government before enhancement of the charges.6. as regards the first point the right of the licensee to increase the rates of electricity is a unilateral right under the supply act, see amalgamated electricity co. v. n. s. bathena, air 1964 sc 1598. their lordships in that case observed as follows :'but one thing is clear ..... (1972) 2 all er 6:'..... that the courts will lean heavily against any construction of a statute which would be manifestly unfair. but they have no power to amend or supplement the language of a statute merely because on one view of the matter a subject feels himself entitled to a larger degree of say in the making of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... m/s. sita ram & bros. v. state of rajasthan (judgment today 1994 (6) sc 629) section 17a and class molasses added to section 41(2)(d) of the rajasthan excise act, 1950 as amended by rajashan excise amendment act 8, 1985 were impugned on the ground that molasses being raw material of sugar is within the occupied field of legislation under i.d.r ..... reconcile the entries and bring about a harmonious construction. in in re the central provinces and berar sales of motor spirit and lubricant taxation act, 1938 sir maurice gwyer proceeded to state:'47. in the kerala state electricity board v. indian aluminum company ltd. : [1976]1scr552 it was held as thus:'the words 'notwithstanding' in clause (1) and 'subject to' in clause .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All249
..... clause (2), provided that the agreement shall be read and construed in all respects in conformity with all provisions of the indian electricity act, 1910 and the electricity (supply) act, 1948 or any subsequent amendments thereof and the rules and regulations made thereunder from time to time. by clause (8) it was provided that the consumer ..... shall pay for the supply of electrical energy in accordance with rate schedule attached to the agreement. in clause (13) it was ..... the subject matter of arbitration. the principle laid down in the above noted cases apply with greater vigour after the amendment of article 226 of the constitution by the constitution fortysecond amendment act, 1976. since the petitioner has an alternative remedy by resorting to arbitration for redress of their grievance relating to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1986All342
..... the supply of electricity is to be made. under clause 31 of the agreement the board reserved to itself the right to amend, cancel or add to any of the schedules and conditions at any time. ..... or revise the rates of tariff under the provisions of the act.'18. jagdamba paper industries (p) ltd. v. haryana state electricity board air 1983 sc 1296 was a case where under clause 31 of theagreement between the parties the haryana state electricity board had reserved its rights to amend, cancel or add to any of the schedules or conditions at ..... any time. it was held that the board had been conferred statutory power under section 49(1) of the supply act to determine the conditions on the basis of which .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All43; [1952]22ITR259(All)
..... the ground suggested by learned counsel and the case will have to be decided on the interpretation of the relevant sections of the act. 6. as regards the definition of the word 'person' no doubt in the amending act of 1939 the word 'person' was defined to include a local authority, but in the very next year, when the ..... the tribunal has framed three questions the point for decision is whether the city board, mussoorie, is liable to excess profits tax on the profits made from supply of electric energy and water outside its jurisdictional areas. 2. learned counsel for the assessee has urged that as a local authority is not included in the definition of the word ..... in the case of business of life insurance of which special mention is made. 4. learned counsel had to admit that profits derived from supply of water and electricity beyond the jurisdictional area of the city board of musoorie was liable to income-tax. the exemption from payment of excess profits tax could, under the proviso to .....
Tag this Judgment!Court : Allahabad
Reported in : [2008]1444CompCas642(All)
..... till the disposal of the petition, it shall not commence any business other than the automotive parts and electrical accessories.18. shri p.v. kapoor, sr. advocate appearing for the appellant submits that the offending amendment in the objects clause was passed with the aid of an illegal injunction from the kanpur court, which ..... & co. ges.m.b.h. with its registered office at sonnenuhrgasse 4, a-1060 vienna, austria sworn before a notary at wien-favoriten dated 26.3.2007. the document reiterates the authority given to ms. manjula chawla to represent the appellant.38. for the aforesaid reasons, the appeal is allowed with an injunction directing ..... participate in the meeting and that following, clause iii (c)-20 after existing clause iii (c)-19 was added to the object clause under section 17 of the companies act, 1956; 'to carry on business as manufacturers, assemblers, designers, importers, exporters, distributors, processors and dealers of all kinds of components, parts, assemblies etc. made .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All70
..... zila power upbhokta sangh v. union of india (decided on 26-4-1972) (all) about the construction of term 'traiff contained in section 49 of the electricity (supply) act, 1948. he referred the entire writ petition to a larger bench although the writ petition raises several other questions as well. 2. the petitioners entered into an ..... was invalid because it varied the rate of minimum guarantee charges with retrospective effect. though the notification was published on 27 november, 1968 it made the amendments effective from july 1, 1968. in the counter-affidavit it has been explained that since the board wanted to give relief to the consumers it decided to ..... with particular reference to such development in areas not for the time being served or adequately served by the licenseeand the extension and cheapening of supplies of electricity to sparsely developed areas. the vague allegations made in the writ petition in this regard have been controverted in the counter-affidavit. it is stated that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All118
..... on 30-11-1968, that is, beyond the period of limitation. sheo nath singh, minor, however, claimed the benefit of section 6 of the limitation act.3. the suit was resisted by the electricity board on a variety of grounds. it was pleaded by the defendant board that it was not guilty of any negligence, that the amount of compensation claimed ..... board contended that it was not guilty of any negligence and the amount claimed by the plaintiffs was excessive. during the pendency of the first appeal the plaint was got amended by deleting the name of smt. ban bitia from the array of the plaintiffs. the appellate court below held that the suit was within time inasmuch as the minor ..... of smt. bari bitia was deleted from the array of the plaintiffs she was not entitled to any decree. i find no merits in this contention. the plaint as amended states that smt. bari bitia widow of sheo ram singh deceased is also entitled to compensation for whose benefit the present suit is being filed as provided by section .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2597; (2000)3UPLBEC1988
..... point out here that in section 2 of the act clause (ggg) was introduced by the amending act which defined the development fee. this clause provided that the 'development fee means the fee levied upon a person or body under section 15 for construction of road, drain. seiyer line, electric supply and water supply lines in the development area ..... may 1, 1997 and was published in u. p. gazette extraordinary on 2nd may, 1997. the amending act does not provide for retrospective operation of the amended provision of the act. however, admittedly the sanction has not been granted by the appellant till today. since, now there is a provision under section 15 of ..... of section 15 were introduced in the act by u. p. act no. 3 of 1997.14. the u. p. urban planning and development act was amended by u. p. act 3 of 1997 by which sub-section (2a) of section 15 and proviso to subsection (3) as pointed out above were introduced. the amending act received the assent of the governor on .....
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