Court : Orissa
Reported in : AIR2005Ori125
..... can be done on the application which has now been filed by gridco numbered as case no. 13 of 2002.30. we may mention here that the electricity act, 2003 has come into force during the pendency of the writ petition and section 185(3) thereof provides that the provisions of the enactments specified in the ..... the tripartite agreement executed between the government of orissa, gridco and opgc on 18-10-1998 that the three parties agreed for an escrow account mechanism and amendment of the ppa accordingly. clauses -6 and 7 of the said tripartite agreement executed between the government of orissa, gridco and opgc on 18-10-1998 ..... conditions which are laid down by the central government in a license to a service provider and accordingly quashed the telecommunication interconnection charges and revenue sharing (first amendment) regulations, 1999 under which the authority had assumed overriding powers over the terms and conditions of a licence of a service provider fixed by the central government .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori160
..... , if there is any dispute in the bill, it is open to the petitioner to approach the grievance redressal forum constituted under section 42(5) of the electricity act, 2003.8. for the foregoing reasons, the writ petition is allowed in part. the o.ps. are directed to draw the line and provide power supply ..... which is not in any way applicable to the facts and circumstances of the present case.'maintenance' has not been defined either in the 1998 code or in the electricity act, 2003 or in the new code of 2004. as per the chambers 21st century dictionary, 'maintenance' means 'the process of keeping something in good condition'. so, ..... prevented for doing so by circumstances not within its control. that apart, according to the o.ps. the petitioner should have approached the forum provided under the orissa electricity regulatory distribution (condition of supply) code, 1998 (hereinafter called '1998 code') for adjudication of the dispute instead of filing this writ petition. in a nutshell, the .....
Tag this Judgment!Court : Orissa
Reported in : IV(2005)ACC150; 2007ACJ283; 2005(II)OLR389
..... with the live wire and was electrocuted. it is also pleaded that transmission and distribution of electricity is regulated by electricity act, 1948 and the rules framed thereunder and there is no provision in the said act and rules to guard the electric power distribution lines drawn in the remote areas and during pre-monsoon checking no defect was ..... detected in the line and as such there was no negligence on the part of the opposite parties and since they have no control over the previous night storm and rain and the same being an act of ..... power transmission corporation ltd. and anr. : air2002kant205 where compensation of rs. 2 lakhs was granted to a 5th standard boy who died because of negligence of karnataka electricity board transmission station. in the present case, except for claiming of compensation of rs. 2 lakhs the petitioners have not given any basis for such claim. here .....
Tag this Judgment!Court : Orissa
Reported in : 2006CriLJ847; 2005(II)OLR737
..... manager of the bank of baroda, cuttack. learned court below also categorically observed that the documents filed by the accused petitioner with regard to proprietorship of kirti electricals are no way helpful to the defence to claim discharge of the present accused and thereby overruled the contention of the learned defence counsel to discharge accused jayendra ..... . v. gujarat state fertilizer co. ltd. and anr. (supra) while deciding the matter relating to sections 138 and 14 (1) (2) of the negotiable instruments act for dishonour of cheque issued by/on behalf of company, the person liable to be prosecuted for the offence under section 138 is a company, the apex court in paragraphs ..... courts below essentially were to drop the proceedings on the ground that the allegations would not constitute a foundation for action in terms of section 141 of the act. these questions have to be adjudicated at the trial. whether a person is in charge of or is responsible to the company for conduct of business .....
Tag this Judgment!Court : Orissa
Reported in : (2007)1LLJ111Ori; 2007(2)SLJ362(NULL)
..... will be prepared for each division, as under:(i) project casual labour employed on works of each of the departments like civil engineering, signal and telecommunication, electrical, etc. within the geographical boundaries of a division or by the construction organization or by the chief project manager/railway electrification reporting to the general manager of ..... for re-employment shall have preference over other persons.14. the petitioners are duty bound to follow the provisions of section 25h of the industrial disputes act and as such whenever they propose to engage persons as casual labour; it is incumbent upon them to give an opportunity to the retrenched workmen to ..... casual labour register' is quashed, subject to the direction that the petitioners are duty bound to follow the provisions of section 25h of the industrial disputes act and as such whenever they propose to engage persons as casual labourers it is incumbent upon them to give an opportunity to the retrenched workmen to offer .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori4
..... india and who sought for a similar direction to the cesco for individual power connections.16. on consideration of the obligations under section 43 of the electricity act, 2003, the orders of the oerc referred to herein above and the apparent discriminatory treatment, we are of the view that the writ application should ..... aforesaid rival submissions, the first aspect that needs adjudication in the present case relates to interpreting the rights and obligations that flow from section 43 of the electricity act, 2003. on reading of the aforesaid section quoted in extenso hereinabove, it is clear that the said provision casts an obligation on a distribution licensee ( ..... legal provisions and directions of the oerc, learned counsel for the petitioner submitted that cesco (o.p. no. 1) being a retail licensee under the electricity act was under a legal obligation to effect direct individual supply to various allottees in terms; of their applications submitted as per annexure-22 series and annexure- .....
Tag this Judgment!Court : Orissa
Reported in : 2006(II)OLR620
..... . in the said case (jai singh and others (supra), the supreme court was dealing with an order of detention passed under the jammu & kashmir public safety act, 1978. while considering the facts of the said case, the supreme court held as follows:thereafter follow various allegations against jai singh, paragraph by paragraph. in the ..... was granted bail in other criminal cases it was correctly anticipated that the petitioner-detenu might be released on bail and will again resort to criminal acts. he further submitted that the detaining authority was subjectively satisfied before passing the order of detention as the detention of the petitioner-detenu was necessary in ..... was also informed that he has a right to file representation before the state government, the advisory board and the central government under section 14 of the act. accordingly, the petitioner-detenu made representation to the state government which was rejected by it (state government) by order dated 28.11.2005. the central .....
Tag this Judgment!Court : Orissa
Reported in : [2009]149CompCas362(Orissa)
..... and dealers in charge chrome, ferro chrome and other chromium products and ferro alloys. the other objects of establishing the said company were production/generation of electricity by thermal power hydro or any other process for consumption, sale and distribution thereof and to obtain/take on lease or otherwise acquire chromite and other ..... majority and thereafter the iccl filed an application under sections 391 to 394 of the act for sanction of the scheme of arrangement. however, subsequently, the idbi by its letter dated october 11, 2005, introduced certain amendments to the conditions of settlement relating to de-rating of equity share capital of the ..... being a sick industrial company, the scheme of arrangement and amalgamation cannot be sanctioned by this court as contemplated under sections 391 to 394 of the act.submissions/contentions of mr. bijan ray, learned senior counsel appearing on behalf of the objectors, namely, rasila bhupendra shah and bally merchandise ltd.15. both .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)
..... case, the question which fell for consideration was whether a generator set in the background of erratic supply of , electricity by the state should be included in the certificate of registration of the company by amending the same. prayer for inclusion was rejected on the ground that generation is not needed when normal conditions prevailed. on ..... by new plant. therefore, the petitioner does not come in the category/of industry engaged in distribution of electricity or of any other form of power. according to the petitioner, this was done by it without amending the certificate of registration and by following the accepted practice of purchasing plants and machinery and to the ..... notice of the erratic supply of electricity in the state and its effect on industry. considering these peculiar facts, the learned judges held that there is nothing in section 8(3)(b) of cst act to exclude the use of a generator as a standby measure and the court directed amendment of the certificate of registration .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori37
..... statutory provisions, wesco virtually discharges governmental functions and its actions are amenable to judicial scrutiny by a writ court. even though the provisions of the electricity act and the regulations cover a very wide area but they are silent insofar as the right of a distribution-licencee to demand from a new consumer ..... so.15. in exercise of power under section 181(2)(t)(v) (w) and (x) read with part iv of the said act, the orissa electricity regulatory commission framed the orissa electricity regulatory commission distribution (conditions of supply) code, 2004. under clause 96 of the said code it is provided that the distribution company ..... distribution-licencee is in the position of a 'state' under article 12 of the constitution of india. it deals in electricity which is public property and its function are statutorily controlled by the electricity act and the rules' and regulations framed thereunder. the power and obligations of wesco are also controlled by the statute or .....
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