Court : Orissa
Reported in : 1992(38)ECC1
..... ), whether or not combined in the same housing with radio-broadcast receivers or sound or video recording or reproducing apparatus'. the entire chapter-85 deals with electrical machinery and equipments and parts thereof; sound recorders and reproducers; television image and sound recorders and reproducers and parts and accessories of such articles. so far ..... taken on the strength of the documents evidencing payment of duty on the 'inputs'. the notification no. 177/86-ce, dated 1.3.1986, as amended, notifies the goods on which credit of duty under modvat will be allowed. the said notification specifies the inputs and the final products which will be eligible ..... necessary for adjudicating the dispute. rule 57a stipulate that credit is available on basic excise duty, special excise duty or additional duty under the customs tariff act, 1975, paid on specified goods which are used in or in relation to the manufacture of specified final products. rule 57a makes the provision applicable to .....
Tag this Judgment!Court : Orissa
Reported in : (1995)ILLJ1007Ori; 1995(I)OLR122
..... an 'employee' throughout his career or was there interruption to it consequent upon enhancement of his monthly wages. section 2(e) (ax amended by central act 5 of 1984) so far as relevant, reads as follows:'2. definitions - in this act, unless the context otherwise requires:(a) xx xx xx(b) xx xx xx (c) xx xx xx(d) xx x xx ..... whether the controlling authority is competent to grant relief to an employee basing on the provision of section 4(5) of the act. such question came up foi consideration before a division bench of the patna high court in patna electric supply co. ltd. v. sri gopal banarjee, ilr 1979 (58) patna 124. justice b.n. singh in his seperate ..... disputesact did not he and the labour court had no jurisdiction to entertain and dispose of them.'9. the aforesaid being the gamut of operation of payment of gratuity act which is a beneficial legislation, we cannot deny the opp party no. 3 his right to claim gratuity and get it adjudicated before the controlling authority for the period .....
Tag this Judgment!Court : Orissa
Reported in : AIR2005Ori160
..... , if there is any dispute in the bill, it is open to the petitioner to approach the grievance redressal forum constituted under section 42(5) of the electricity act, 2003.8. for the foregoing reasons, the writ petition is allowed in part. the o.ps. are directed to draw the line and provide power supply ..... which is not in any way applicable to the facts and circumstances of the present case.'maintenance' has not been defined either in the 1998 code or in the electricity act, 2003 or in the new code of 2004. as per the chambers 21st century dictionary, 'maintenance' means 'the process of keeping something in good condition'. so, ..... prevented for doing so by circumstances not within its control. that apart, according to the o.ps. the petitioner should have approached the forum provided under the orissa electricity regulatory distribution (condition of supply) code, 1998 (hereinafter called '1998 code') for adjudication of the dispute instead of filing this writ petition. in a nutshell, the .....
Tag this Judgment!Court : Orissa
Reported in : [2004]137TAXMAN556(Orissa)
..... purchased by the appel lant from the o.s.e.b. are not devices which can form part of 'automatic electrical load monitoring systems'. the commissioner himself has observed in the order dated 29-3-2001 under section 263 of the act that the transmission sub-stations consist of usual circuit breakers, transformers, isolators, arrestors, control panel, capacitor bank, etc., which are ..... the aforesaid view taken by the commissioner in the order dated 29-3-2001 under section 263 of the act is supportable by any expert opinion, mr. mohapatra produced before us a copy of the communication dated 7-11-2003 of the chief electrical inspector (t & d), government of orissa, which is subsequent to the order dated 29-3-2001 of the .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR538
..... , it requires the licensee to comply with the directions given by the commission and comply with the requirement of indian electricity act and electricity (supply) act and rules framed thereunder, no notice is necessary.3. chapter-ix of the act speaks of the powers of the commission to pass orders and enforce decisions. sub-section (1) of section 28 ..... commission (hereinafter called the 'commission') is illegal and in violation of the mandatory provisions of section 28 (3) of the orissa electricity reforms act, 1995 (in short 'the act'). it is his submission that the commission can pass an order or in appropriate case an interim order, directing the licensee like the appellant ..... the conditions and the requirement of law as laid down under section 28 of the act before proposing an interim order and the legality or validity of the proposal.8. in that view of the matter, the interim order of the orissa electricity regulatory commission dated 16.2.2001 (annexure-5) is set aside, however, the .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR159
..... corporation of orissa ltd., presently known as orissa power transmission corporation ltd. (in short optcl), the respondent in petition no. 10 of 2000 before the central electricity regulatory commission-(in short cerc), has filed this appeal challenging the order dated 23.10.2000, whereby it was directed that 'wheeling charges are payable by ..... transmission corporation ltd. (optcl) and mr. sakesh kumar, along with mr. s.k. das, learned counsel appearing on behalf of the respondent/madhya pradesh electricity board, presently known as madhya pradesh power trading company ltd.4. mr. panigrahi, learned senior advocate categorically submits that prior to determination of the wheeling charge ..... by the learned counsel for both the parties with regard to so-called agreements etc., which are disputed questions of fact. as such the central electricity regulatory commission (cerc), which is an expert body as regards the dispute in question, shall be the better forum/authority to decide the matter, .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR73
..... been effective from 10th january, 2001 cannot take away the statutory right available to either party under section 26(6) of the indian electricity act. the provisions of the said act enshrines the electrical inspector to handle such complaint. in such event the petitioners are not bound to resort to the provisions of complaint handling procedure........'15. ..... , we are of the firm opinion on a harmonious construction of rule 105 of the code and the provisions of section 26(6) of the indian electricity act that the licensee is not empowered to impose penalty beyond six months inasmuch as legislature did not permit them to realise any amount for unauthorised abstraction beyond ..... ,512/ - inclusive of penalty in full before raising any dispute. according to the o.ps. there is no question of violation of any provisions of the indian electricity act, 1910 or the o.e.r.c. (consumers' right to information and standard of performance) regulations, 1998. clause 51 of the supply code empowers the o. .....
Tag this Judgment!Court : Orissa
Reported in : [2002]127STC599(Orissa)
..... governing the field during the relevant period relating to 'pump and pump sets'.sl. no.description of goodsrate of tax38.diesel and kerosene pump setseight per cent41-a.electric pump seteight per cent70.machineries excluding sewingmachines and component parts and accessories thereof, (earth movingmachineries) that is to say bulldozers, crawler tractors, shovels, wheeled loader ..... to them 'hand pumps' have rightly been treated as machineries and taxed at 16 per cent as per entry 70 of the rate chart prescribed under the act. the orissa small industries corporation (opposite party no. 6) had not issued any certificate to the sales tax officer indicating payment of tax. a copy of ..... per entry no. 70 of the taxable list, levied tax at the rate of 16 per cent. this resulted in extra demand against the petitioner under the act. the assessing officer also charged interest of rs. 3,50,436. the petitioner being aggrieved by the said order of assessment preferred appeal. the assistant commissioner .....
Tag this Judgment!Court : Orissa
Reported in : AIR2004Ori53; 2004(1)CTLJ229(Ori)
..... particular regulation 31 (e) thereof which provides that every consumer shall during the continuance of an agreement also pay, when required, the monthly minimum charge even if no electricity is consumed for any reason, whatsoever, or supply has been disconnected. he argued that the appellant will, therefore, be liable for minimum charges even after the power ..... by letter dated 20.11.1976 to terminate the agreement arid disconnect the power supply, but the respondent did not disconnect power supply and instead, continued to raise electricity bills on the appellant, the learned subordinate judge, bhanjanagar, found that the respondent did not treat the said letter dated 20.11.1976 of the appellant marked as ..... the appellant and the respondent came to an end on 19.5.1977, under section 70 of the indian contract act, the appellant is liable to the respondent for the charges for supply of electricity upto 25.3.1980. p.w. 1 has stated in his evidence that upto may, 1980 a total sum of rs. 7, .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori37
..... statutory provisions, wesco virtually discharges governmental functions and its actions are amenable to judicial scrutiny by a writ court. even though the provisions of the electricity act and the regulations cover a very wide area but they are silent insofar as the right of a distribution-licencee to demand from a new consumer ..... so.15. in exercise of power under section 181(2)(t)(v) (w) and (x) read with part iv of the said act, the orissa electricity regulatory commission framed the orissa electricity regulatory commission distribution (conditions of supply) code, 2004. under clause 96 of the said code it is provided that the distribution company ..... distribution-licencee is in the position of a 'state' under article 12 of the constitution of india. it deals in electricity which is public property and its function are statutorily controlled by the electricity act and the rules' and regulations framed thereunder. the power and obligations of wesco are also controlled by the statute or .....
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