Court : Patna
Reported in : AIR2010Pat29,2010(58)BLJR175
..... at such times and to such officers as may be prescribed.1.4 the schedule, which was specified in the original act, was subsequently amended by virtue of the bihar electricity duty (amendment) act, 1993 (act 15 of 1993). the said schedule, as amended, is extracted hereunder:the schedule(see section 3) serial. premises rate of dutyno1 2 31 for agricultural, irrigational 2 ..... in the second schedule is also read as part and parcel of section 9. 14.3 in gupta modern breweries v. state of j & k and ors. : 2007 (6) scc 317, it was held thus:20. it is now a well-settled principle of law that the regulatory powers are generally to be widely construed. however, ..... notifications are found to be inoperative, it is obvious that the duty will be payable as per the schedule which was in vogue by virtue of the bihar electricity duty (amendment) act, 1993.20 all the writ petitions are allowed, to the extent indicated above. fresh assessments are required to be made in accordance with the conclusions made .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom27; (1965)67BOMLR534; 1967CriLJ155; ILR1966Bom154
..... it has undergone many changes since then and one of the changes with which we are concerned in this application was the amendment effected by the amending act no. 32 of 1959, called the indian electricity (amendment) act, 1959. by s. 24 of this act s. 33 was substituted. before the substitution, sub-section (1) of s. 33, to the extent relevant, was as ..... enactment. he points out that the accident occurred on the 15th of may 1961 on which date the law in force was s. 33(1), as substituted by the amendment act no. 32 of 1959 and this was the only section which could be said to be in force factually. the notification, according to his contention, may be in force ..... occurrence and that not having been done, the company and accused no. 2 who was its general manager, had committed an offence under s. 33 of the indian electricity act, 1910. the other allegation was that in the inquiry which was made after the accident relating to the causes of the accident it had transpired that the accident was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2602; JT1999(2)SC568; 1999(2)KLT201(SC); 1999(2)SCALE461; (1999)5SCC70; [1999]2SCR465
..... company as a whole was not annulled and only thing that was annulled was the agreement relating to rates of electricity payable by the company under the agreement and further the said amendment act did not in any manner affect the payment of duly by the company at the concessional rates.5. yet ..... of kerala issued an ordnance which was subsequently replaced by an act known as electricity (supply) amendment act, 1983, whereby a new sub-section (5) was inserted in section 49 of the electricity (supply) act. based on this new provision, the board issued demands claiming electricity charges at rates notified for extra high tension consumers prescribed by ..... an abrogation of the entire agreement, the board would not have supplied electricity to the company. at no point of time, the board after passing of the amendment act stopped supplying electricity to the company or entered into any fresh agreement for supply of electricity. similar situation arose in the case of indian aluminium company ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC706; (1972)3SCC39; [1972]3SCR19; 1972(4)LC502(SC)
..... the electricity (supply) act, 1948, came into force. we need only notice section 71 of this act under which the rights and options to purchase under the indian electricity act. 1910 were deemed to have been transferred to the provincial (now state) electricity board.6. the indian electricity (amendment) act, 1959 (32 of 1959) amended the indian electricity act, ..... 1910. we need only notice the insertion of new section 4a(1) at present. this reads:4a. amendment of licensees. (1 ..... a license has been granted to any person, not being a local authority, the state electricity board shall,-(a) in the case of a license granted before the commencement of the indian electricity (amendment) act, 1959, on the expiration of each such period as is specified in the license;...have .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276
..... cognizance of commission of an offence punishable under the electricity act, 2003 on a charge-sheet by a court of judicial magistrate is under challeng the electricity (amendment) act, 2007 came into force with effect from june 15, 2007, an act further to amend the electricity act, 2003.10. the electricity (amendment) act, 2007 amongst other amended section 151 of the principal act i.e. the electricity act, 2003.by such amendment the following provisos have been inserted in section ..... 151 of the principal act.provided that the court may also take cognizance of an .....
Tag this Judgment!Court : Jharkhand
Reported in : 2010CriLJ271
..... offence on the basis of police report.8. it appears that principal indian electricity act, 2003 amended by electricity (amendment) act, 2007 and apart from other amendments section 151 of the act was also amended for the following object & reason:as per the provisions contained in section 151 of the act, the offences relating to the theft of electricity, electric lines and interference with meters are cognizable offences. concerns have been expressed that ..... as to clarify the position that police would be able to investigate the cognizable offences under the act.9. section 15 of electricity (amendment) act 2007, by which section 151 of principal electricity act, 2003 has been amended runs as follow:15. amendment of section 151 -in section 151 of the principal act, the following provisos shall be inserted, namely:provided that the court, may also take cognizance of an .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN351
..... basis of police report submitted under section 173 of the code of criminal procedure.17. this leads to the question whether electricity (amendment) act, 2007 amending section 151 of the principal act shall have prospective or retrospective effect.18. it is contended by the learned advocate appearing for the opposite party no. 2 ..... trial.9. act no. 26 of 2007 is the electricity (amendment) act, 2007 and the amending act came into force with effect from 29th may, 2007. for the purpose of present discussion, section 15 of the amending act provides amendment to section 151 of the act, which is reproduced below:15. in section 151 of the principal act, the following provisos ..... officer filed under section 173 of the code of criminal procedure.20. needless to add that the amendment to section 151 of the act, which came into force by the electricity (amendment) act, 2007 relates to procedural matter about taking of cognizance and whether such procedural matters will be prospective or retrospective .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(2)ALD(Cri)923
..... . (v & s) ms. no. 8 dtd. 27-11-1993 in exercise of the powers conferred under section 79 of electricity (supply) act, 1948 r/w section 50 of indian electricity (amendment) act, 1986 authorising all the the officers of assistant engineer, additional assistant engineer and above rank to institute prosecutions or make complaints to ..... prosecutions in respect of the offences under sections 39, 41, 43 and 44 of the or rule 56 r/w rule 138 of the indian electricity (amendment) act, 1986 and hence, assistant engineer is competent to initiate prosecution and she relied on a decision hyderabad vanaspathi limited represented by the director, r. ..... by the same are competent to initiate prosecution regarding the offence under the indian electricity act. the electricity board in exercise of the powers conferred on it under section 79 of the electricity (supply) act, 1948 r/w section 50 of the indian electricity (amendment) act, 1986, issued notification dated 27-11-1993, referred to by the learned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC267; (1969)GLR366(SC); [1969]1SCR589
..... , 1959 (32 of 1959) this is to give you notice that the gujarat electricity board has decided to exercise ..... electric license 1923 granted by the government of baroda under the state electricity act, samvat 1964.dear sir,in exercise of the powers conferred on the gujarat electricity board by virtue of section 71 of the electricity (supply) act, 1948, read together with section 8 of the indian electricity act, 1910, as amended by the indian electricity (amendment) act ..... where a license has been granted to any person not being a local authority, state electricity board shall.-(a) in the case of a license granted before the commencement of the indian electricity (amendment) act, 1959 on the expiration of each such period as is specified in the license................ .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)195CTR(P& H)261; [2005]276ITR135(P& H)
..... of clause (9) of the bhatinda electric licence, 2003 (bikrami). the dispute relating to compensation payable ..... year 1943 for generation and supply of electricity in the town of bhatinda (punjab). the undertaking of the assessee was taken over by the punjab state electricity board (for short, 'the board') in january, 1982 under section 6(1) of the indian electricity act, 1910, as amended by the indian electricity (amendment) act, 1959 r/w sub-clause (1) ..... been allowed, and if depreciation on certain assets has been allowed, the same are not itemised, therefore, special provisions made under section 55 of the act shall be applicable. the assessee is entitled to substitute the value as on 1st jan., 1954, of the undertaking as a whole for computation of .....
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