Court : Supreme Court of India
Reported in : 1993(1)SCALE695; (1993)2SCC266
..... and 51 of the judgment, it has been indicated that in view of the applicability of sub-sections 5 and 6 of section 49 of the electricity (supply) act as amended, the tripartite agreement which was operative stood annulled. mr. parasaran has submitted that it should be clarified by this court that the entire agreement ..... to that extent. it is, therefore, made clear that the tripartite agreement which was operative at the time of enforcement of the amended provisions of section 49 of the electricity (supply) act does not stand annulled as a whole but provisions of the said agreement relating to the applicability of the rate and price of ..... the judgment requires a reconsideration about the justification of the classification of the smelter plant of the appellant company by the electricity board in order to enforce the amended provisions of section 49 of the said act. we are, however, not impressed with such contention of the appellants. even assuming that subsequently in tariff schedules for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT421
..... amendment act it is found that in section 151 of the principal act it has been added that the court may also take ..... the special court and for the purpose of the provisions of the said act special court shall be deemed to be a sessions court.learned counsel for the state pointed out the amendments brought in force by electricity (amendment) act, 2007, i.e., act no. 26 of 2007. this amendment act received assent of the president on 28th may, 2007.3. on perusal of the provisions of section 15 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC128; 1993(1)SCALE98; (1993)2SCC37; [1993]1SCR124
..... of section 21 of the indian electricity act, 1910 (hereinafter referred to as 'the 1910 act') apply and the decision to increase minimum charges is contrary to section 21(2) of the said act.17. it was submitted that changing the rates at which minimum charges are to be realised amounts to altering or amending the conditions of supply and this ..... of the d.m.c. in view of the power conferred under section 283 of the corporation act. again in view the proviso to section 277 of the corporation act no arguments were addressed on various clauses of the schedule to the indian electricity act, 1910.34. there is thus no merit in these appeals and the same are accordingly dismissed ..... the case of the petitioners before the high court was that section 283 of the delhi municipal corporation act, 1957 (hereinafter referred to as 'the corporation act') empowers respondent no. 1 (d.m.c.) to levy charges for the supply of electricity on such rates as my be fixed from time to time by the d.m.c. in accordance .....
Tag this Judgment!Court : Delhi
Reported in : 49(1993)DLT630; 1993(27)DRJ95
..... of section 21 of the indian electricity act, 1910 (hereinafter referred to as 'the1910 act') apply and the decision to increase minimum charges .is contrary to section 21(2) of the said act.(17) it was submitted that changing the rates at which minimum charges are to be realised amounts to altering or amending the conditions of supply and ..... the case of the petitioners before the high court was that section283 of the delhi municipal corporation act, 1957 (hereinafter referred to as'the corporation act') empowers respondent no. 1 (d.m.c.) to hevy charges for the supply of electricity on such rates as may be fixed from time to time by the d.m.c. in ..... the previous sanction of the state government, given after consulting the state electricity board and also the local authority, where the licensee is not the local authority,make conditions not inconsistent with this act or with his license or with any rules made under this act to regulate his relations with persons who are or intend to become .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR293(Jhr)]
..... has restricted/deprived the petitioners from using it at their choice. but such restriction/deprivation is in accordance with law, i.e., the indian telegraph act and the indian electricity act. there is, thus, neither any violation of their right to property as contained in article 300-a of the constitution, nor is their any ..... compensation for such damage or detriment under and in accordance with the indian telegraph act and indian electricity act.ii.(a) there is no fundamental right to property after repeal of articles 19(1)(f) and 31 of the constitution by 44th constitution amendment. now, right to property is only a constitutional right as is contained in ..... v.c. is interfering with the fundamental right of the petitioners.6. their lordships after taking into consideration the various provisions of the indian electricity act as well as indian telegraph act and also regard being had that the right to property no longer remains a fundamental right after repeal of article 19(1)(f) and .....
Tag this Judgment!Court : Chhattisgarh
..... or the distributor as the case may be. 35. (i) the constitutional validity of section 3 of central province and berar electricity duty act, 1959 as amended by madhya pradesh taxation law (amendment) act, 1956 came to be considered before the division bench of the madhya pradesh high court in case of j. c. mills ..... (c.g.) indiaph.: 07715050714, 5093321 -24 fax: 0771-5093320 ref: muul/pp/spn/gr/2007/ date: 10.04.2007 the chief electrical inspector 36/437, byron bazar, phauvara chowk, near govt. chhattisgarh college raipur 492001 subject: electric generation report of muul-power plant siltara, raipur for the month of march2007. dear sir, enclosed ..... to: de (safety), 3/7889, civil lines raipur. ***** language 42. the aforesaid statutory information required under the rules of 1949 submitted right from march-2007 to march-2012 firstly by the muul and thereafter by petitioner company would clearly demonstrate that the both the companies had unmistakable terms unequivobly stated while submitting .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ799
..... no repugnancy 'in fact' and as such, the impugned g.os. are sustainable. in indian aluminium co. ltd v. karnataka electricity board (cited (iv) supra), the point was as to whether electricity (supply) (karnataka amendment) act, 1981, was repugnant to industries (development and regulation) act, 1951, a central legislation. while reiterating the parliamentary supremacy, the supreme court held that in deciding the question of legislative ..... , karnataka government and the indian aluminium company, specifying the electric tariff for a stipulated period, state amendment was brought forth increasing the tariff and that was questioned as being unconstitutional and repugnant to the industries (development and regulation) act, 1951. firstly, the matter was dealt with by the karnataka high court and it upheld the contention of the state government that even though .....
Tag this Judgment!Court : Chennai
..... clause (h) of sub section (1) of section 79, read with clause (g) of sub section (2) of section 178 of the electricity act, 2003. 75. it is not in dispute that the amendments in the grid code and in the ui regulations have been brought about, by the commission, in exercise of its delegated powers of legislation. as ..... 4.2009. 25. it has been further stated that the supreme court of india in its decision, in central power distribution power company limited vs. the central electricity regulatory commission, (2007) 8 scc 197, has recognized the role and the functions of the central commission, in specifying the grid code and the ui charges, for the purpose ..... manifest arbitrariness and irrationality is an exception to the said principle. therefore, the said decisions are of no avail." 47.6) in state of kerala vs. unni, (2007) 2 scc 365, it had been held as follows: "the principles on which constitutionality of a statute is judged and that of a subordinate legislation are different. a .....
Tag this Judgment!Court : Delhi
..... accepted and what amount needs to be quantified to augment the fund.32. the proposed amendments seek to expand upon the somewhat brief pleadings in the writ petition to bring out that after the delhi electric reforms act, 2000 and the delhi electricity reforms (transfer scheme) rules, 2001 were promulgated, as a first step of privatization, the ..... open to the writ petitioner to rely upon the decisions reported as (2008) 13 scc213kusumam hotels pvt. ltd. vs. kerela state electricity board and (2007) 5 scc447southern petrochemical industries co. ltd. vs. electricity inspector& etio wherein it was held that statutory dues are not subject to the law of limitation for recovery. it would be open ..... . the proposed to be inserted paragraph 19a is to make further pleadings with respect to the actuarial valuations as per the report dated september 13, 2007 in respect of which pleadings have been made in the existing paragraph 17 of the writ petition.24. in the proposed to be inserted paragraph 24a to .....
Tag this Judgment!Court : Delhi
..... accepted and what amount needs to be quantified to augment the fund.32. the proposed amendments seek to expand upon the somewhat brief pleadings in the writ petition to bring out that after the delhi electric reforms act, 2000 and the delhi electricity reforms (transfer scheme) rules, 2001 were promulgated, as a first step of privatization, the ..... open to the writ petitioner to rely upon the decisions reported as (2008) 13 scc213kusumam hotels pvt. ltd. vs. kerela state electricity board and (2007) 5 scc447southern petrochemical industries co. ltd. vs. electricity inspector& etio wherein it was held that statutory dues are not subject to the law of limitation for recovery. it would be open ..... . the proposed to be inserted paragraph 19a is to make further pleadings with respect to the actuarial valuations as per the report dated september 13, 2007 in respect of which pleadings have been made in the existing paragraph 17 of the writ petition.24. in the proposed to be inserted paragraph 24a to .....
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