Court : Kolkata
Reported in : 2004(1)CHN552
..... in rent control legislation as has been noticed by the calcutta high court and is found even in agrarian reforms laws (vide malabar tenancy act, as amended by act vii of 1954, madras). section 13 of the amendment act compels the postponement of the institution of the suit (including appeal) for a period of three years from the date of the transfer. ..... was put by us to counsel on both sides and the learned advocate representing the state readily agreed that the policy of the legislation and the conditions in the amendment act would be fulfilled if the interpretation we proposed were to be accepted. we are satisfied that as far as possible courts must avoid multiplicity of litigation. any ..... to the promoter through a/c. payee cheques a total sum of rs. 1,47,718/- and on 31.05.1977, smt. illora sarkar paid rs. 500/- for electric meter and rs. 1000/- for taking possession of the flat.45. it has also been alleged in the aforesaid application that on 31st may, 1977 all payments were made .....
Tag this Judgment!Court : Kolkata
Reported in : [2004]121CompCas150(Cal),[2004]55SCL146(Cal)
..... e. s. c. ltd. [2002] 3 clt 16 ; air 2003 cal 138, while examining the words and language of section 49b as amended in the electricity (supply) west bengal amendment act, 1994, has followed the aforesaid rule of construction though not referring to the above supreme court decision but referring to other supreme court decisions. in ..... is very well settled that unless expressly it is intended by the legislature, retrospective operation cannot be thought of and it is always prospective.4. in this amending act, there is no such expressed intention. both the parties have cited the various authorities in support of their respective submissions. mr. p. c. sen, ..... that case, by section 49b a liability was sought to be created so it was held that the aforesaid amendment act is not intended .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(4)CHN630
..... (hereafter the new act) holding that trespassers arc not entitled to supply of electricity and that the word 'occupier' must be construed as lawful occupier of the premises at which supply is sought has been laid down in the following decisions:a) : air2006cal73 samsul haque mollick v. c.e.s.c ltd. and ors.,b) : (2007)1callt219(hc) anjali matia ..... literal interpretation may be made and the courts may be justified in looking for what the legislature intended. however, in the pursuit of understanding a particular legal provision, amendment of law in the garb of interpretation is impermissible. the function of the court is to find out what is legal and not what is right. gap in the ..... law has to be remedied by amending the act and not by filling the gap by a judicial verdict. there may be exceptional situations where unless the gap is filled by judicial verdict the legislation would be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2009Cal87
..... the substance of which is captured in the following two paragraphs:it appears to us that the hon'ble first court failed to consider section 43 of the indian electricity act, 2003, according to which, the occupier cannot be an illegal occupier. it has to be taken into account the owner or occupier which has been said in ..... the cardinal principle of statutory construction to ignore the deletion.8. the private respondent relies on a judgment reported at : 2007(1)chn528 (akbar reza v. cesc ltd. and ors.) to suggest that section 43 of the electricity act, 2003 does not contemplate the right of an existing consumer at any premises to insist on a further connection. the ..... of 'occupier' in section 12(6) of the previous act was restricted to section 12 of the said act. section 12 of the previous act operated in a different field and is not comparable with section 43 of the present act. sub-section (6) was introduced into the 1910 act by an amendment of 1959.12. ...(6) in this section, 'occupier' .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN760
..... there was no element of requirements of section 401a of the k.m.c. act. mr. roy submitted that in this matter the provisions like electricity act, 2003 are applicable and section 151 of the electricity act no court can take cognizance over any offence under electricity act on the basis of any report submitted by police. the same principle is ..... of a section and the meaning of non-obstante clause.9. consideration of the abovestated sections of the k.m.c. make it significantly clear that the amendment was made to prevent unauthorised construction as such constructions were at rampant. that is why, punishment has been prescribed upto a limit of five years and the ..... . file no. 121/06 now pending before the learned municipal-cum-metropolitan magistrate, 3rd court, calcutta and is also directed against the order dated 5.3.2007 passed by the said learned magistrate rejecting the prayer of the petitioner for dropping the proceeding against him in view of the provisions of section 620 of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal88,82CWN377
..... . mr. dutt learned advocate appearing in support of the rule placed relevant provisions of the indian electricity act, 1910 with its amendments, the terms of licence of the vishnupur electric supply and industrial development company limited, the electricity supply act, 1948 and other relevant provisions. he challenged the order of revocation and the notice requiring the ..... the government of west bengal, department of commerce and industries (power branch) which made alterations and amendments in clause 15 of the vishnupur electricity licence, 1950. an option for purchase given by section 6 of the act was to be first exercisable on nov. 22, 1975 and thereafter at the end of every subsequent ..... latter seems to be in the interest of a rationalised production and supply of electricity, in the aforesaid backgorund the other contention of mr. dutt that by virtue of the amendments of the licence under section 4-a of the act the order of revocation was incompetent may be considered. it may be noted .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal137
..... the written statement, filed on february 6, 1969, that after the institution of the suit a notice under section 5(1)(c) of the indian electricity act, 1910, shortly, the electricity act was served on the defendant-company by the state government. in terms of the said notice the undertaking was delivered to the plaintiff board on december 1 ..... seem to have accepted the proposition that a single judge, attempting to thread his way through a labyrinth, reached the extreme of obfuscation. 44. the application for amendment of the written-statement should also be rejected on the ground of unreasonable delay. it was made for the first time at the appellate stage. the arbitrator' ..... the company have such authority, if there is no other bar. 34. mr. milan banerjee, learned junior to mr. sankardas banerjee, then moves the application for amendment of the written-statement under the provisions of order 6, rule 17 of the code of civil procedure. it has a limited relevance to the major question. however .....
Tag this Judgment!Court : Kolkata
Reported in : (1981)23CTR(Cal)180,[1983]139ITR763(Cal)
..... and large the cost of replacement was allowed as deduction in lieu of depreciation in respect of certain assets. but by the amendments made by the i.t. (amend.) act, 1946, the finance act, 1955 and the finance act, 1956, certain initial depreciation was allowed in respect of buildings, or newly erected machinery and plant installed. the supreme court ..... under section 80e. there, the assessee-company was carrying on business of generation and distribution of electricity and was, therefore, covered by the provisions of section 80e of the i.t. act, 1961, as it stood prior to the amendment in 1968. according to this section, the assessee was entitled to claim deduction at the rate ..... of 8 per cent. on the amount of profits and gains attributable to its business of the generation and distribution of electricity. during the assessment year 1967- .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]61STC131(Cal)
..... which his turnover first exceeds the taxable quantum, on all his sales effected after that day in terms of section 4 of the said act as amended by the west bengal taxation laws (second amendment) act, 1984. he further submitted that the purchase of a lottery ticket results in transfer of interest in favour of the purchaser and an ..... a.v. meiyappan v. commissioner of commercial taxes, board of revenue, madras [1967] 20 stc 116 and commissioner of sales tax, madhya pradesh, indore v. madhya pradesh electricity board [1970] 26 stc 188 (sc) have been mentioned hereinbefore and apart from them he also referred to the case of j.k. trust, bombay v. commissioner of ..... and should not be looked into or applied in this case. he further claimed that the case of commissioner of sales tax, madhya pradesh, indore v. madhya pradsh electricity board : [1969]2scr939 is not applicable in the instant case and the same is distinguishable. in fact, dr. pal claimed and contended that the said unreported judgment .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)3CALLT292(HC)
..... to pay the outstanding dues to get supply line.7. he has also drawn my attention to the provision of section 49b of the electricity (supply) act, 1948 being the west bengal state amendment and contends that the cesc is entitled to recover this amount by virtue of the aforesaid provision. in support of his submission he has ..... me that it does not give any right to cesc to deny the prospective consumer to get new electric connection on account of the alleged outstanding dues in respect of the selfsame premises. section 49b of the said act as amended is quoted hereunder:'49-b. recovery of dues as public demand in certain circumstances.--where any sum ..... is due from a consumer on account of supply of electricity or other charges and where such defaulting consumer, being an industrial or commercial .....
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