Court : Andhra Pradesh
Reported in : 2004(1)ALD419; 2004(2)ALT41
..... by sale, mortgage, lease, exchange or otherwise without the previous consent in writing of the commission.(3) the provisions of section 44 of the electricity (supply) act, 1948 shall apply except that the person to whom the section applies shall be required to obtain the sanctions and consents from the commission, instead ..... consumption) with ap transco. the company shall approach aperc for obtaining licence/exemption from obtaining licence.6. the company shall comply with the provisions of the electricity (supply) act, 1948.7. the company shall pay rs. 15,11,052/- as service charges to nedcap @ 0.25 % on the project cost of rs ..... electricity reforms act, 1998 (act no. 30 of 1998).' 37. now it is to be seen that the very same commission, which is the statutory authority under the reforms act, having considered the difficulty expressed by the petitioner though letter dated 24.2.2003, and particularly note of non-commissioning of the sugar plant as scheduled, directed the 1st respondent to amend .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT240
..... who had made applications earlier, had not acquired any right. it was also held that there was no question of amended rule 5 being prospective or retrospective as the commission had to act afresh on the amended rule.17. the issue can be examined in another angle also. it is well settled and the supreme court has ..... of andhra pradesh and the government of andhra pradesh in not filling up the vacancies of district and sessions judges under andhra pradesh state judicial service rules, 2007 simultaneously from among the direct recruitment, accelerated recruitment by transfer and recruitment by transfer among the senior civil judges is irrational and arbitrary and direct them to ..... servant has no right to challenge the authority of the state to amend, alter and bring into force new rules relating to even an existing service.to the same effect is another decision of supreme court in t.n. electricity board v. t.n. electricity board thozhillalar aykkiya sangam (2008) 3 scc 359 as well as state .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD473; 2001(1)ALT719
..... high court judgment murli prasad v. parasnath prasad, : air1967pat191 , however a distinction was made and it was stated by the court while interpreting the same act i.e., indian electricity act, 1910 that, if the concern is not a running one then the plant, machinery, other material constituting the undertaking become ordinary goods.8. in the light ..... was drawn at the instance of the government the lease became perfect from that date onwards, atleast for the purposes of section 9(2) of the indian electricity act. the learned counsel further contended that the government had no occasion to see the lease therefore there was no occasion for it to accord permission. in ..... purpose of purchase under section 5 or section 6'.section 4a makes a provision for amendment of licence. section 6 makes a provision for purchase of undertaking. going by these provisions, it is clear that in the context of the electricity act, 1910 all those properties be the lands or buildings remain a part of undertaking if .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1985AP299
..... more than 15 as the state government may appoint from out of the categories mentioned in sec. 16 of the supply act, including the representatives of consumers of electricity. if the board is obligated to seek any prior advice of the council in matters of tariff, the council will ..... from the akhila bharatiya grahak panchayat case : air1983ap283 (supra). the writ petitioner in w.p.no.8177/84 has, by way of an amendment, sought in w.p.m. no.3074/84to quash the tariffs 1981 as well, after nearly a lapse of about three years. both for ..... and made that power available in l.t. for township consumption. the petitioner in w.p.no.8177/84 has come forward with an amendment seeking to quash the fuel cost adjustment memo, which was issued as far back as 31-7-1982. the petitioner was no doubt ..... 05p.was included towards fuel cost adjustment as per b.p.no.589, dt. 30-7-82. the above b.p.notices and amendment to part-a of h.t.tariffs notified under board's proceedings, vide b.p.no.418 dt 2-6-1981. as ours .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(2)ALT661; 1993(2)ALT661; [1995(70)FLR680]; (1994)IILLJ716AP; (1994)IILLJ716SC
..... apply by necessary implication, as pointed out by the supreme court in a.s.k. krishnappa v. s.v.v. somiah, : [1964]2scr241 :'the limitation act is a consolidating and amending statute relating to the limitation of suits, appeals and certain types of applications to courts and must, therefore, be regarded as an exhaustive code. it is a ..... under special or local law is provided to a tribunal or authority, which is not a court. the supreme court has made it clear in the kerala state electricity board, trivandrum v. t.p. kunhaliumma (supra) that any other application contemplated under article 137 covers only applications that are filed under any special or local law ..... learned judges of the supreme court. they referred to the following passage in the judgment of the judicial committee in hansraj gupta v. official liquidators, dehra dun mussoorie electric tramway company, 60 indian appeals, p. 13 at p. 20:'it is common ground that the only article in that schedule which could apply to such an .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALT780
..... as 'any other sums payable to the board under the contract of supply or the tariff and terms and conditions of supply notified by the board under section 49 of electricity (supply) act, the board may, without prejudice to its other rights, cause to be disconnected all or any of the other services of the consumer though such services be destruct (sic ..... no discretion in the matter. this flows from the use of the word 'it shall try those issues first'. material change has been brought about in legal position by amended order 14 rule 2 which reads as follows:-'rule 2(1) notwithstanding that a case may be disposed of on a preliminary issue, the court shall subject to the provisions ..... time being in force, and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue.'(emphasis supplied).this amendment has been made by act 104 of 1976 which came into effect on 1-2-1977.the word 'shall' used in old order 14, rule 2 has been replaced in the present .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD1; 2004(5)ALT634
..... not adequately represented in the services under the state. article 15 had clause (4) inserted in it by the first amendment act 1951 whereas article 16 has remained unamended except for a minor amendment in clause (3). as amended, both articles read as follows:15. prohibition of discrimination on grounds of religion, race, caste, sex or place of ..... in breach of the mandatory requirement of the proviso to section 4(1) of the said act.162. in narayana v. state of kerala, : [1974]2scr60 , the supreme court while interpreting section 4 of the electricity act, 1910 (as amended in 1958) which contemplates that in the matter of revocation of a licence, the board should ..... in narayanan sankaran moss v. state of kerala, : [1974]2scr60 , the court held that a power to revoke a licence under section 5 of the indian electricity act, 1910, is circumscribed by various conditions precedent before the power is exercised and one of the limitations was a consultation with the 'board' stipulated under section 4 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD578; 2004(4)ALT553
..... said rules are identically framed in respect of the members of the special court constituted by the government of andhra pradesh under indian electricity act under the provisions of the indian electricity act (amendment) act, 2000 (a.p. act 2 of 2000). the pay and other benefits are on par with that of the chairman and the members of the andhra ..... it is the case of petitioners that the conditions of service of the chairman and members of tribunal and the chairman and members of special court under indian electricity act are in part materia with that of the chairman and members of the a.p. land grabbing (prohibition) court. initially, while framing the rules, the minimum ..... entitled for revised pension at rs. 4,716/- as drawn by the members of the a.p. administrative tribunal (for short tribunal) and special court under electricity act and also dearness relief with effect from 13.2.1996 as revised from time to time with consequential benefits.2. the petitioners worked as judicial as well as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD855; 2004(2)ALT663
..... of repugnancy arises only in the case, when both legislations fall within the same list. therefore, there can be no question of repugnance between the electricity act on one hand and the kerala electricity (supply) act on the other. if the former falls in list i or iii and later falls in list ii, if any legislation is enacted by the state ..... to be drawn into distinct articles of charges and summon the accused to appear before it. under sub-section (5) of section 12, as it existed before its amendment in 1969, the government servant had to be placed under suspension after the charges were drawn up against him by the commission. section 13 provides for procedure at the ..... that state;provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.'56. it is also observed that at the relevant time, there was no concurrent list. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP328
..... 3) that the various g. os. relied upon by the petitioners are of administrative charter and they cannot override the statutory provisions of section 15 of the electricity (supply) act, 1948. 9. sri narasaraju for the petitioners contends:-(1) that the provisions of section 78a control the powers of the board under section 15 and the ..... in respect of salaries, allowances and other conditions of service till corresponding rules and regulations are framed by the andhra pradesh state electricity board under section 79(c) of the electricity (supply) act, 1948. it is denied that the petitioners have any legal vested rights for being appointed as accountants and they are all working ..... of this contention. 18. in g. o. ms. no. 1613 dated 24-9-1957, the government of andhra pradesh under art. 309 of the constitution amended the special rules for the andhra ministerial service, wherein after category 6 in rule no. 2, and the entries relating thereto, the following has been inserted:-category 8 .....
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