Court : Mumbai
Reported in : 2005(6)BomCR272; [2005]142STC199(Bom)
..... per the said explanation. however, from entry '(d)' transport was deleted and was deemed to have been deleted with effect from august 16, 1985 itself by maharashtra amendment act 30 of 1997. it means that the transport companies were never treated as the authorities or bodies to whom the explanation would be applicable. the word 'transport' ..... 5a) and therefore, it is liable to sales tax. as pointed out earlier, the applicant contends that registration was only in respect of generation and distribution of electricity. thus, there is a dispute about the purpose and the scope of registration. for the purpose of this reference, registration under section 22(5a) is irrelevant ..... section 2(11).11. it is material to note that the applicant is also a company having two different activities, i.e., (i) generation and distribution of electricity and (ii) providing transport facilities to the people. as such, for the second activity, it is a transport company. and therefore, in view of the definition .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... applicable or article 300a per force brings it in operation? since article 30(2) itself provided payment of compensation, when property was acquired preceding 25th constitution amendment act, 1971, this court interpreted the word 'compensation' as aforesaid, but when article 30(2) itself was omitted from the constitution, the question arises ..... 31c is taken, as it must be, to exclude article 31(2), the question of compensation becomes irrelevant and otiose,................................'71. in maharashtra state electricity board v. thana electric supply company and ors. : air1990sc153 , the apex court held that on matters of economic policy, the court must advert to legislative judgment, ..... , vide for example prafulla kumar mukherjee v. bank of commerce ltd., khulna and advocate general of bengal, 1947 fcr 28: (air 1947 pc60) kerala state electricity board v. indian aluminum co : [1976]1scr552 the earlier case of this court reported in a.s. krishna v. state of madras, : 1957crilj409 almost .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1984)IILLJ176AP
..... he was discharging his duties and functions satisfactorily. 5. the board has frames regulations under clause (1) of s. 79 of the electricity (supply) act, 1948 (hereinafter referred to as the act) for the purpose of regulating the appointment and conditions of service of its standing legal adviser and other legal counsel. these proceedings were ..... in b.p. ms. no. 592 dated 29th june, 1983 (as amended in b.p. ms. no. 610 dated 2nd july, 1983) of the andhra pradesh state electricity board ( hereinafter called the board) terminating his services as standing counsel for the electricity board. the 1st respondent is the board while the 2nd respondent is the ..... deemed to be effective from the date when the circulation is completed unless otherwise directed in circulation shall be sufficient authority for the secretary to act in accordance therewith. amendments to that decision approved by the board when the decision taken in circulation is put by it for ratification, shall be regarded as effective .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD29; 2008(2)ALT84
..... suit land because the original relief sought by the petitioner is to quash the notice under section 7 of the act and the relief claimed by way of amendment is to set aside the order under section 6 of the act passed by the third respondent. by allowing the petition, notice and order issued and passed under section 7 and ..... possession even before the expiry of the time granted is improper. for that reason, and for the reason that documents produced by the petitioner, like the telephone bills electricity bills, etc., show that the suit land with servant quarters is still in possession of the petitioner, there is force in the contention of the learned senior counsel ..... structure in the suit land, how they were evicted is not mentioned in the panchanama. that the structure in the suit land has the facilities of telephone and electricity is also evident from the documents produced by the petitioner. if the petitioner is not in possession they would not pay those bills. so, i deem that possession .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1994(2)ALT341
..... a consequence of the judgment of this court in writ petition no. 10282 of 1983 'the board' issued regulations exercising the powers under section 79c of the electricity supply act, 1948. b.p. ms. no. 636, dated 29-6-1984 was issued regulating the new integrated set up. b.p.ms. no. 637 of ..... of general services department. similarly, for different departments, different board proceedings were issued.8. some of the erstwhile employees in the other departments, viz., chief engineer (electrical) generation; chief engineer (civil) etc., who were drawn from the sources other than board secretariat into the personnel management department, filed writ petition no. 4022 of ..... and 16 of the constitution of india'. the learned judge further observed that 'the board' also should consider whether it is necessary and admissible to amend the relevant regulations governing the conditions of services to ensure equal and uniform treatment to all persons doing identical work.10. complaining that in spite of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALD(Cri)825; 1997(1)ALT190
..... , submits that under condition 39.1 malpractice includes 'any violation of law or the terms and conditions of supply framed under section 49 of the electricity supply act, 1948 '('supply act' for short), and that in the present case the petitioner violated condition 17 read with conditions 16 and 13 of the conditions. he points out ..... over to the authorities concerned. he contends that, under the circumstances, he cannot be accused of any malpractice. he also further alleges that attributing pilferage of electricity in november, 1985 by the 2nd respondent was 'only a ruse to book a case for extraneous considerations without any basis whatsoever for sustaining die charge'.9. ..... making any estimate of the period of the alleged malpractice. the petitioner also sought impleading of the superintending engineer, assessments, hyderabad as 3rd respondent and also sought amendment of the prayer in the writ petition in w.p.m.p. nos. 23852 and 23853 of 1996 respectively and they were allowed on 12-9-1996 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALT421
..... : air1996ap212 a division bench of this court held:'therefore we have no hesitation in holding that the government in exercise of the powers in section 78-a of the electricity (supply) act, 1948, have been taking policy decisions as to the entitlement of the power concession to the industries and issuing orders reckoning the date of extension of concessions as the date ..... in b.p.ms.no. 311 dated 6-4-1977 the petitioner-unit is eligible to claim 25% rebate. he further contended that the board has no power to amend the list of 65 ineligible industries appended to g.o.ms.no. 224 dated 9-3-1976 and therefore the board's proceedings b.p.ms.no. 1098 dated 8 ..... be classified under ht category-iii and the bills are issued as per tariff classification under ht category-iii as notified in bpms. no. 671 dated 10-6-1987 as amended in bpms. no. 298 dated 30-3-1988. therefore, the respondent-board prayed to dismiss the writ petition.4. the petitioner filed a detailed reply affidavit stating that the .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar121; [2009(2)JCR485(Jhr)]
..... acts of unauthorized use of electricity. in addition to the prayer for quashing the aforesaid report and the provisional bill, the petitioner has also prayed for a direction to the respondents to forthwith restore the electrical connection to the petitioner's premises, without imposing any condition upon the petitioner for payment of the demanded amount. by way of an amendment ..... only on the basis of average consumption of the preceding one year. learned counsel argues that even according to the admitted consumption of electricity by the petitioner since january, 2007, normally, the monthly consumption used to be recorded between 5000 to 10,000 units per month in the whole year and even ..... the liability to pay the highly inflated amount as demanded by the respondents. learned counsel adds further that even though as per the provisions of the electricity act, the petitioner has an alternative remedy of appeal before the appellate authority, but in doing so, he would have to deposit 50% of the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR179(Jhr)]
..... to be seen as to what is the exact consumption by the petitioner; whether the bills have been properly raised and whether the bill under section 49 of the electricity (supply) act, 1948 was raised in terms with the report, submitted by the inspecting team and in accordance with the tariff or not. the aforesaid issues, depending on disputed ..... instead of giving any finding on the merit of the case, the petitioner is given liberty to raise the dispute before the general manager-cum-chief engineer, jamshedpur electricity area, jamshedpur. if any application is preferred by the petitioner before the said authority within a month, the authority will determine the claim on merit after taking into ..... bill of september, 1999 for rs. 34,84,154.00 paise as also the bill of october, 1999 for rs. 35,01,020.00 paise. by filling an amendment petition, the petitioner also challenged the bill, amounting to rs. 6,42,93,040.00 paise.4. taking into consideration the development and the fact that the petitioner .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi445; [1984]55CompCas224(Delhi); 1987(30)ELT361(Del); [1984]145ITR642(Delhi); [1984]55STC256(Delhi)
..... goods under paragraph 316 when those provisions have been made inapplicable by the public notice dated 30th march, 1979. if under section 3 of the act the exports (control) orders can be amended from time to time it is difficult to see why paragraph 316 of the hand book cannot be replaced by a new set of of ..... concerning statutory duties. 'the basic powers of government cannot be subject to bargain'. earl of birkenhead in a case decided by the house of lords in 1926 [birkdale district electric supply co. ltd. v. southport corporation [1926] ac 355] formulated the principle concerning public authorities in these words : '.... if a person of public body is entrusted ..... of the doctrine of promissory estoppel would erode the general principle as set out in a long line of cases of which the decision of the privy council in maritime electric co. ltd v. general dairies ltd. [1937] ac 610 and the judgment of the english divisional court in southhend-on-sea corporation v. hodgson (wickford) ltd. .....
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