Court : Supreme Court of India
Reported in : 2009AIRSCW419; 2008(6)LHSC4353; AIR2009SC1175; 2009(1)AWC276; 2009LC(SC)752; JT2008(13)SC512
..... , inter-alia, raising preliminary objections as regards the maintainability of the suit. it is pointed out that the same was not maintainable in view of indian electricity (haryana amendment) act, 1998 (in short the `amendment act') i.e. haryana act no. 4 of 1998. replication to the said written statement was filed by the respondent. the trial court framed an issue i.e. issue no. 3 ..... , all through, the appellants have been taking the stand about the maintainability of the suit. relevant provisions of the amending act read as follows:2. amendment of section 24 of central act 9 of 1910:in sub-section (1) of section 24 of the indian electricity act, 1910, the following proviso shall be added, namely:provided that no court shall take cognizance of any matter pertaining .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2838; 2008LC(SC)271; JT2008(7)SC216; (2008)5MLJ1267(SC); 2008(8)SCALE161; (2008)7SCC353; 2008AIRSCW4694; AIR2008SC2838; 2008(7)SCC353; 2008LABIC3560;
..... control and requisitioning (temporary powers) act, 1949 (tamil nadu act xxix of 1949), the tariff rates payable to the tamil nadu electricity board by any consumer on the electrical energy supplied by the board shall be as specified in the schedule to this act.4. power of the state government to amend the schedule - the state government ..... ready to discharge the functions for which it was set up, only with certain formalities as provided for in the indian electricity act, 1910 (for short 'the 1910 act') and the rules framed thereunder, viz, the indian electricity rules, 1956 (for short ''the 1956 rules') are complied with. an industry starts functioning, according to the learned ..... the board would tantamount also to reading the limitation into the classification itself.40. in state of orissa and ors. v. tata sponge iron ltd. : (2007)0scc189 , this court held:20. in view of the clear legal provision as also the aforementioned notification dated 23-9-1992, there cannot be any doubt whatsoever .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1737; [1991]70CompCas127(SC); (1988)3CompLJ1(SC); JT1988(3)SC141; 1988(2)SCALE238; (1988)4SCC59; [1988]Supp1SCR627; 1988(2)LC572(SC); (1990)3UPLBEC1467
..... a consumer in a scheduled industry, including non-ferrous industries manufacturing aluminium like that of respondent no. 2, hindalco. the aforesaid ordinance was substituted by the u.p. electricity (duty)(amendment) act, 1959 (u.p. act no. 12 of 1959). it substituted sub-clause (e) in the first proviso of section 3 which reads as follows:(e) by a consumer in any industry engaged ..... on the energy supplied by respondent no. 1 to respondent no. 2 for industrial purposes. on 17th january, 1971 ordinance no. 14 of 1970 was substituted by the u.p. electricity (duty)(amendment) act, 1970. on 26th february, 1971 report was made by the three-men committee appointed to examine the request of hindalco for grant of exemption from payment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2793; JT1997(6)SC277; 1997(4)SCALE693; (1997)6SCC740; [1997]Supp2SCR197
..... of section 26(6) of the electricity act, mr. sen has submitted that sub-section (6) of section 26 should be read in the light of amended sub-section and when so read, it would be seen that the words 'not exceeding six months' have been added by amending act 32 of 1959. the result of the amendment is not that any claim of ..... ' notice of his intention so to do.7. mr. gupta has also drawn the attention of the court to the provisions of section 26 of the indian electricity act as it stands amended by act no. 32 of 1959:26. meters: (1) in the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the ..... at the premises of the consumer, such dispute is got to be resolved by making a reference to the electrical inspector. the electrical inspector after the amendment of section 26 of the electricity act, has been authorised to make estimate of the electricity consumed by the consumer upon a finding that the installed meter was defective only for a period of six months .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC414; [1962]Supp(1)SCR282
..... constitution in which it challenged the validity of the levy on two grounds. the first ground was that upon a proper construction of s. 3 of the c.p. & berar electricity duty act, 1949 as amended by the madhya pradesh taxation laws amendment act, 1956 the appellant would not be liable to pay any duty at all. the second ground was that if the ..... to any person. 3. under the provisions of the central provinces and berar electricity duty act, 1949 (no. 10 of 1949) as amended by the madhya pradesh taxation laws amendment act, 1956 (act no. 7 of 1956) the government of madhya pradesh levied upon the appellant electricity duty amounting to rs. 2,78,417/- for a certain period. the appellant paid it under compulsion and thereafter preferred .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC239; (1969)GLR349(SC); [1969]1SCR580
..... .15. it was next contended on behalf of the respondent that by the time the licence period expired, section 7 of the act had been amended and section 71 of the electric (supply) act, 1948 repealed, no provision was made to preserve the rights already acquired under those provisions, hence the appellant is not entitled to purchase the undertaking. it is not the case ..... whether on the basis of the notice issued by the bombay state electricity board on january 8, 1959 under section 7 of the indian electricity act, 1910 (to be hereinafter referred to as the act) prior to its amendment in 1959, the appellant can compulsorily purchase from the respondent his concern 'the bilimora electric power supply co.'. in his application before the high court under article .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC284; [1960]2SCR239
..... state government may fix in this behalf, and any agreement to the contrary shall be void.' 8. the act which was passed in 1910, to amend the law relating to the supply and use of electrical energy was intended to provide for and regulate the supply of energy by granting licences and so the provisions in ..... itself for the compulsory acquisition of the undertaking on payment of adequate compensation to the person concerned. 11. subsequently, after the passing of the electric lighting act, 1909, powers to supply electricity were not granted by provisional orders but a large number of such orders still remained in force; and, as halsbury has observed, 'many of ..... fundamental rights under arts. 19 and 31 of the constitution. 2. the first petitioner was granted sanction under s. 28 of the indian electricity act, 1910 (9 of 1910) (hereinafter called the act) authorising it to engage in the business of supplying energy at muktsar by government notification no. 1766-i & c-48/28784 published on may .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC353; [1965]3SCR276
..... agreement came into existence. under para. x of theagreement the said agreement shall be subject to the provisions of the licenceand the provision of the indian electricity act, 1940, that is to say the saidprovisions are incorporated by reference into this agreement. under the licencethe licensee is precluded from charging rates higher than ..... shallbe null void.' 9. under this sub-section the licensee cannot make conditions to regulatehis relations with the consumers or amend any such conditions without thesanction of the state government. mr. viswanatha sastri argued that to enhancethe rates was to alter a condition within the meaning of ..... with this actor with his licence or with any rules made under this act, to regulate his relationswith persons who are or intend to become consumers, and may with the likesanction given after the like consultation add to or alter or amend any suchconditions; and any conditions made by a licensee without such sanction .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1999; JT1986(1)SC261; 1986(2)SCALE313; (1986)4SCC198; [1986]3SCR628
..... was based primarily on their construction of section 59 of the electricity supply act.2. in order to understand the questions at issue, it is necessary to set out section 59 as it stood prior to 1978, as amended by act no. 23 of 1978, and finally as amended by act no. 16 of 1983: section 59 prior section 59 as ..... given an affirmative and self-assuring direction. so section 59 was amended in 1978. the statement of objects and reasons says.3. section 59 of the electricity (supply) act is proposed to be amended by clause 8 of the bill to give a positive direction to the electricity boards that after meeting all their expenses, there should be provision ..... for a surplus for contribution towards immediate investment needs. a similar amendment is also proposed to be made in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1099; [1968]3SCR312
..... was subject to other provisions of the electric supply act 1948. one such provision is contained in s. 19(1) of the act of 1948. the u.p. electricity amendment act 1961, however, introduced provisions in the act of 1910 the result of which was that the board, in acting as a licensee under the act of 1910, was no longer subject to ..... the limitation laid down in s. 19(1) of the act of 1948. it has not been contended that either the supply act of 1948 or the u.p. electricity amendment act of 1961 was not competently enacted by the appropriate legislature. the supply act of 1948 was no doubt passed by the central legislature in respect of ..... a concurrent subject but the u.p. electricity amendment act of 1961 was reserved for the assent of .....
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