Court : Supreme Court of India
Reported in : JT2000(7)SC128; 2000(5)SCALE64; (2000)6SCC488
..... purchase of undertakings.- (1) where licence has been granted to any person, not being a local authority, the state electricity board shall, -(a) in the case of a licence granted before the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), on the expiration of each such period as is specified is the licence; and ( ..... b) in the case of a licence granted on or after the commencement of the said act, on the expiration of such period not exceeding thirty ..... be computation of the book value.9. it must be mentioned that the above mentioned ordinances and amendment act were part of the policy of nationalisation of electric companies by the union of india. similar amendments were made by many states. electric companies, all over india, were sought to be so purchased. like the 1st respondent, a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2104; 2000(5)SCALE105; (2001)9SCC203a
..... purchase of undertakings.-(1) where licence has been granted to any person, not being a local authority, the state electricity board shall,(a) in the case of a licence granted before the commencement of the indian electricity (amendment) act, 1959(32 of l959),on the expiration of each such period as is specified in the licence; and(b) ..... in the case of a licence granted on or after the commencement of the said act, on the expiration of such period not exceeding thirty ..... be computation of the book value.9. it must be mentioned that the above mentioned ordinances and amendment act were part of the policy of nationalisation of electric companies by the union of india. similar amendments were made by many states. electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(111)BomLR2966; 2009LC(SC)246; 2009(5)LC2440(SC)
..... with the permission of the state government, with-- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or (ii) any requisition ..... the `depreciation' and interest on loan elements of the fixed cost of tariff. it furthermore without assigning any reason dismissed the appeals being nos. 159 of 2007 and 14 of 2008. interpretation of the statutory provisions92. a statute, as is well known, must be construed having regard to parliamentary intent. for the said ..... rinfra did not make submissions in the technical session but did so only at the public hearing.38. the commission took up case no. 88 of 2007 and noticed the details of technical validation session in regard to internal capacity allocation from the generation division of tpc to its own distribution division including rinfra .....
Tag this Judgment!Court : Supreme Court of India
..... undermining its efficiency, efficacy and even increasing voltage fluctuations.14. the provisions under section 126 of the act, as it stood prior to the amendment by the electricity (amendment) act, 2007 provided for assessment of unauthorised use of electricity one and a half times the tariff applicable for the relevant category of service, for a period of ..... and clause (iv) of explanation (b) to section 126 of the act were amended by the electricity (amendment) act, 2007 with a purpose and object of preventing unauthorised use of electricity not amounting to theft of electricity within the meaning of section 135 of the act, which has to be given its due meaning, which will fit into ..... .2008 employs the term penalty , what is contemplated under the said order is only assessment of unauthorised use of electricity in terms of section 126 of the act, as amended by the electricity (amendment) act, 2007, for the period specified in section 126(5) and at the rate specified in section 126(6) of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1982MP225
..... state government and the duty on electrical energy purchased from the electricity board is paid through the board to the government. the electricity duty is charged under the madhya pradesh electricity duty act, 1949 as amended by the madhya pradesh electricityduty (amendment) act, 1978, (act no. 21 of 1978). this amending act which increased the rate of ..... duty came into force on 1st october 1978. the petitioner has been, required to pay electricity duty in respect of electrical energy ..... we are unable to accept this conttention. the relevant provision is section 3 of the amending act which we have already quoted. the duty payable every month, according to section 3, is on the electrical energy consumed during the preceding month. the rate of duty, however, must apply in .....
Tag this Judgment!Court : Chennai
Reported in : [1977]39STC191(Mad)
..... the other hand, the learned counsel for the revenue contended that it is true that such a special entry, item 3-a, was introduced by the amending act in the first schedule. but still battery is 'electrical goods'. therefore, it would be covered by entry 41 as well and the accessories of batteries which have not been specifically mentioned in entry 3-a ..... might be that batteries are electrical goods and the battery plates sold by the assessees are accessories or component parts of such batteries. but, in view of the specified entry in 3-a, we are of the view that batteries as such were excluded under entry 41. the result of it is though in specific terms amending act no. 7 of 1965 did .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT16(HC),2002(2)CHN649
..... this court reported in (200l)3 cal lt 292. 10. mr. maharaja sinha (now justice sinha) contends that in view of the insertion of section 49b in the electric (supply) west bengal amendment act, 1994, during pendency of the writ petition, the writ petitioner is obliged to pay the outstanding dues of the respondent no. 6. he contends that court should take judicial ..... writ petitioner, separate supply line or for that matter resumption of old electric connection, is not possible. 7. during pendency of the writ petition there is an amendment of the law relating to electric supply by the west bengal state legislative assembly by and under the electricity (supply) west bengal amendment act, 1994. the said amendment has taken effect on and from 20th april, 1995, by the .....
Tag this Judgment!Court : Orissa
..... payable on rate charged at different percentage basis. in orissa electricity (duty) amendment act, 1986, section 3 of the principal act was amended and electricity duty was fixed in the schedule of the act prescribing different rates for different categories of consumers. the next amendment was introduced in the year, 1992, in which, section 3 of the act was fully substituted and legislature delegated powers to the state government ..... .2001 itself, it was laid before the state legislature in the year, 2004. in the case of general insurance council and others vs. state of andhra pradesh and others, air 2007 (sc) 2696, so also in the case of ibrahim ahmad batti vs. state of gujarat and others, air 1982 (sc) 1500, it was held by the apex court that "as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC411; JT1999(9)SC618; 1999(7)SCALE441; (2000)1SCC210; [1999]Supp5SCR278
..... that something has been done by way of undue favour.14. the reference of the high court to the liberalisation policy, reforms approved by amendment of electricity supply act to enable induction of private sector to participate in power generation, to provide for level playing field for domestic and foreign companies in terms ..... been conceived exclusively for the cogentrix but is for other projects totalling 2500 mw planned for the region. the increase in the electricity rates is subject to the electricity supply act and clearance being given by different departments of the union and state ministries. therefore, that again cannot be a circumstance which could ..... the sponsor were considered at the time of examining the proposals of the scheme under section 29 of the electricity supply act and detailed project report which had been submitted to the central electricity authority for approval and for techno-economic clearance and detailed project report gives breakdown of the various project costs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1727; 65(1988)CLT1(SC); JT1987(2)SC362; 1987(1)SCALE1213; (1987)3SCC189; [1987]3SCR265; 1987(2)LC297(SC)
..... except with the permission of the state government with-(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or(ii) any requisition for ..... .23. it is also necessary to refer to section 49 of the electricity (supply) act, 1948 as amended in 1967. that section reads-49. (1) subject to the provisions of this act and of regulations, if any, made in this behalf, the board may supply electricity to any person not being a licensee upon such terms and conditions as ..... certain conditions relating to their export performance.8. on january 22, 1985, the state of orissa issued an order under section 22b of the indian electricity act (hereinafter called the 'act') directing the board to reduce supply of energy so as to allow the consumers to avail of the supply only to the extent specified in the .....
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