Court : Madhya Pradesh
Reported in : (1980)IILLJ287MP; 1979MPLJ764
..... and the existing law, i.e. , the electricity act, 1910, and the electricity (supply) act, 1948, and the assent of the president was needed to cure this repugnancy. in the case before us, there is no repugnancy between the amendments introduced by the ordinance and the amending act in the state act and the central act for the reason that the central act had no application to the matters in ..... respect of which the amendments were made by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP182
..... in the impugned judgment.' 29. submission of the learned counsel for the petitioners is that though there is total substitution of provision in both the acts, namely, municipal corporation act and municipality act, the said amendment does not take away the effect of the decision rendered in the case or ratnaprabha (supra). on the contrary mr. jha has argued with vehemence ..... n. v. arooran sugars ltd. (1997) 1 scc 326 : (air 1997 sc 1815). in the aforesaid case the apex court referred to the decision rendered in the case west ramnad electric distribution co. ltd. v. state of madras, air 1962 sc 1753, udai ram sharma v. union of india, air 1968 sc 1138. hindustan gum & chemicals ltd. v. state ..... facts and circumstances of the case and using the discretion. our view gets fortified by the decision rendered in the case of state of m. p. v. bharat heavy electricals, (1997) 7 scc i : (air 1997 sc 3285). it is noticeable that a person who does not file a return is liable to pay surcharge. a person .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP243; 1977MPLJ341
..... 1c 411) and the united provinces electric supply co. v. t. n. chatterjee, (air 1972 sc 1201). moreover, there is no provision in either the standard standing orders or the regulations act for such an election or option to be exercised by the employees.22. section 45 of the regulations act empowers the corporation to 'make' ..... government for according sanction. (2) the state government then accords its sanction. in this power of the government it is implicit that it may reject or suggest amendment or modification in the proposed regulations and eventually accord its sanction. (3) after the state government accords its sanction, the corporation 'makes' regulations. this third ..... the state government; (b) the state government then accords its sanction. in this power of the government it is implicit that it may reject or suggest amendment or modification in the proposed regulations. this is the force of the word 'previous' in the expression 'with the previous sanction of the stale government'; ( .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP316
..... demanding the above referred amount and annexure p/19 letter-cum-demand notice dated 24-3-2005 issued by the chief engineer (electrical safety) and chief electrical inspector. by way of amendment the petitioner has also challenged the notification no. 2698-3752-xiii dated 22-7-1975 issued by the state government in exercise of the powers ..... thereon, if any, may be recovered in the same manner as an arrear of land revenue.6. sub-section (1) of section 5 of m.p. electricity duty act, 1949 clearly provides that the amounts of duty due and the duty amount which remains unpaid shall carry interest at such rate and in such circumstances as may ..... under section 5 of madhya pradesh electricity duty act, 1949 and rule 5 of the madhya pradesh electricity duty rules, 1949 as ultra vires the act and ultra .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPHT379; 2005(4)MPLJ397
..... judge of the high court. 185. repeal and saving.- (1) save as otherwise provided in this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed. (2)***(3) the provisions of the enactments specified in ..... or have shown capacity in dealing with problems relating to engineering, economics, commerce, finance, law, administration or management. section 84(1) of the electricity act is also on the same lines. it provides that the chairperson and members of the state commission shall be persons of ability, integrity and standing ..... the schedule, not inconsistent with the provisions of this act, shall apply to the states in which such enactments are applicable.(4) the central govt. may, as and when considered necessary, by notification amend .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ629
..... the meaning of section 2(l)(g) of the adhiniyam, as it stood prior to its amendment by m. p. act no. 9/90 with effect from 24-4-1990. placing reliance on the observations of shah, j. in case of rajasthan state electricity board jaipur v. mohanlal and ors., air 1967 sc 1857 and on the decision of ..... independence, therefore, there is no control of the state government, let us have a cursory look at the provisions of the act.7. section 5 of the act provides for constitution and composition of the state electricity board by the state government of which the chairman and members of the board are appointed by the state government. section 10 ..... an undertaking. the board, which is a statutory body created by the state government under section 5 of the electricity (supply) act, 1948, is controlled by the state government. section 78a of the electricity (supply) act, 1948, provides that in the discharge of its functions, the board shall be guided by such directions on questions of policy as may be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP47; 1972MPLJ199
..... undertaking by the board, these funds have to be handed over by the licensee to the board and maintained as such. though the provisos were inserted by the electricity (supply) amendment act, 1966, which was not retrospective in operation and were not in force on the 1st may, 1964, the date of vesting of the undertaking in the board, ..... assume that they had a right to go on making profits although ex hypothesis the franchise which gave them that right had come to an end.'10. the electricity act, 1910 has been enacted while bearing this principle in mind. there is a distinction between the method of valuation on the purchase of an undertaking on revocation of ..... circumstances, he should have directed that the costs shall be in proportion to success and failure?(4) tf the umpire had no jurisdiction to award interest under the electricity act or otherwise, whether the district judge could grant interest from the date of the award or should he have awarded interest from the date of the decree, as .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP56
..... in connection with such acquisition shall be, and shall be deemed always to have been, as valid as if the provisions of ss, 40 and 41 of the act, as amended by the amendment act, were in force at all material times. in effect there fore section 7 provides that even though acquisitions made before july 20, 1962, do not satisfy the ..... 79(2) of the government of india, 1915. in air 1964 sc 1230 (supra), the supreme court construed a like clause occurring in section 7 of the land acquisition (amendment) act, 1962, in a similar sense. section 7, which has been just mentioned, reads:'notwithstanding any judgment, decree or order of any court, every acquisition of land for a ..... pc 1 (pc) hid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russel of killowen in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd., air 1933 pc 63, for others than the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP53; 1968MPLJ395; [1969]23STC308(MP)
..... the registration certificate on 10th september 1965; but it was not until 30th march 1966 that the sales tax officer made an order allowing the amendment in part only in regard to electrical bulbs and lighting fixtures for factory. the order of the commissioner was passed thereafter on 18th may 1967. thus, there was an interval of ..... and tractors that the petitioner could purchase after paying concessional rate of tax cannot be sustained.4. in regard to the date of effectiveness of the amendment in the registration certificate, the act or the central sales tax (registration and turnover) rules, 1957, do not contain any provision indicating the date from which any ..... be purchased. if a registered dealer misuses the certificate of registration granted to him, then the authority granting it has the power under section 7(4) of the act to cancel it. in our judgment the restriction put by the commissioner of sales tax on the number of diesel locomotives, cranes, fork lifts, railway line trollies, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP320
..... will be necessary to refer to corresponding provisions prior to the promulgation of the code of civil procedure amendment act no. 2 of 1951 which came into force on 1-4-1951 as also the provisions as they now stand after the amendment. prior to amendment act no. 2 of 1951 the position was that a foreign state, under section 84 could sue ..... decree can be said to have been sued. the learned counsel in this connection referred to the decisions reported in air 1936 all 826 (fb), official liquidators, dehra dun musoorie electric tramway co, ltd. v. president, council of regency, nabha state, air 1940 lah 164, arura vir singh v. punjab zamindara bank, ltd., air 1930 cal 258, provas chandra ..... the applicability of section 86 c.p.c. to the proceedings under sections 184, 186 and 187 of the companies act. in that case the maharaja of nabha had purchased a large number of shares in the dehra dun mussoorie electric tramway co. ltd., and had paid a large sum of money in cash, but a small balance of rs. .....
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