Court : Supreme Court of India
Reported in : AIR1992SC2169; (1992)2CompLJ177(SC); JT1992(3)SC535; 1992(1)SCALE1157; (1992)3SCC580; [1992]3SCR213
..... tariffs. it, however, empowers the board to charge a different tariff in appropriate case under section 49(3) of the act. by the amending act, section 49 of the electricity (supply) act has been amended in its application in the state of karnataka. sub-section 5, sub-section 6 and sub-section 7 to section 49 ..... plant of the petitioner-company have been placed at par and have been subjected to same tariff for the supply of electricity. 27. mr. parasaran has contended that even if the amending act is intra vires thereby empowering the board to annual all existing agreements with the consumers and requiring the board to charge ..... 6) the party to any such agreement or arrangement entered into after the commencement of the electricity (supply) (karnataka amendment) act, 1981, shall, notwithstanding anything contained in this act, or in such agreement or other arrangement, pay, in respect of electricity supplied by the board, price (by whatever name called) calculated in accordance with the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1277; JT1992(2)SC144; 1992LabIC1371; 1992(1)SCALE454; 1992Supp(2)SCC351; [1992]1SCR917
..... the first respondent would remain in office. this will clearly amount to discrimination. thus either by way of section 5(6) of the electricity (supply) act, as amended or under section 3(1) of the amending act, the first respondent would cease to hold office. as a matter of fact, section 3 has been introduced only by way of abundant ..... requires. thus one need not search for a separate provision in this regard. we may also note that the prescriptions in relation to the term was contained under electricity (supply) (hp amendment) act, 1990. under rule 4 of the said rule, it is stated thus :-4. term of office - (1) the chairman and other members shall be appointed ..... or bye-laws made thereunder or in any judgment, decree or order of the court or in any contract, any appointment made before the commencement of the electricity (supply) (himachal pradesh amendment) act, 1990, whereby a person has a right to continue as a member of the board after attaining the age of 65 years, shall be void; and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(3)SC1,2010(3)LC1203(SC)
..... cap the trading margin under the authority of delegated legislation under section 178 vide the impugned notification dated 23.1.2006.(vii) section 121, as amended by electricity (amendment) act 57 of 2003, came into force with effect from 27.1.2004. consequently, there is no merit in the contention advanced that the said ..... of the appellate tribunal shall exercise general power of superintendence and control over the appropriate commission. 56. we also quote hereinbelow sections 1 and 4 of the electricity (amendment) act, 2003 (no. 57 of 2003) which was brought into force on 27.1.2004:section 1. (2) it shall come into force on such ..... issue such orders, instructions or directions as it may deem fit, to any appropriate commission for the performance of its statutory functions under this act.57. as stated above, the electricity (amendment) act, 2003 (no. 57 of 2003) was brought into force by notification dated 27.1.2004 which is reproduced hereinbelow:ministry of powernotificationnew delhi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC706; 1989(2)SCALE1204; (1990)1SCC741; 1990(1)LC307(SC)
..... supply stood disconnected. however, the minimum guaranteed charges were still payable by the firm and benefit to that extent would be available to the firm. electric connection was restored on 15-6 1977. the incentive scheme was amended reducing benefit to a maximum of rs. 1, 000/- only per year. unless the resolution it self so provided, the new scheme will ..... liable to pay minimum guaranteed charges for five years from 12-8-1974 till 12-8-1979 by virtue of the incentive scheme issued under section 78a of the electricity supply act; that it had no liability to pay minimum guaranteed charges from 12-8-1979 till date as there had been no supply of ..... firm had no liability to pay minimum guaranteed charges from 12-8-1974 till 12-8-1979 by virtue of the incentive scheme issued under section 78a of the electrical supply act, 1948 without taking into consideration the fact that the firm did not apply under the incentive scheme without which they would not be entitled to claim any benefit under .....
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 : 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 : 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 : Supreme Court of India
Reported in : AIR2000SC2422; 2000(4)ALLMR(SC)682; JT2000(6)SC578; 2000(5)SCALE53; (2000)6SCC481
..... 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 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 on the book value.9. it must be mentioned that the above mentioned ordinances and amendment act were part of the policy of nationalization 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 : AIR2004SC1585; 2004(2)AWC1840(SC); 97(2004)CLT806(SC); JT2004(2)SC258; 2004(2)SCALE277; (2004)3SCC674
..... 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 ..... provides that the power to make orders, rules or bye-laws includes the power exercisable in the like manner and subject to the like conditions to act to amend, verify or rescind or revise. lest the same would be questioned at any time by way of abundant caution the government in the notification issued ..... demand. appellant no. 2 is a share holder of appellant no. 1. under section 22b of the indian electricity act, 1910 (for short 'the act') the power vests in the state government to control the distribution and consumption of the electricity. section 22b reads as under:'22b. power to control the distribution and consumption of energy.- (1) if .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2000(7)SC269; 2000(5)SCALE79
..... 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 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 ..... to be computation on the book value.9. it must be mentioned that the abovementioned 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 .....
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