Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 section 8 amendment of section 43 Court: orissa Page 2 of about 2,257 results (0.151 seconds)

Orient Paper Mills Vs. State of Orissa and ors.

Court : Orissa

Reported in : 103(2007)CLT147; (2007)10VST547(Orissa)

..... case, the question which fell for consideration was whether a generator set in the background of erratic supply of , electricity by the state should be included in the certificate of registration of the company by amending the same. prayer for inclusion was rejected on the ground that generation is not needed when normal conditions prevailed. on ..... by new plant. therefore, the petitioner does not come in the category/of industry engaged in distribution of electricity or of any other form of power. according to the petitioner, this was done by it without amending the certificate of registration and by following the accepted practice of purchasing plants and machinery and to the ..... notice of the erratic supply of electricity in the state and its effect on industry. considering these peculiar facts, the learned judges held that there is nothing in section 8(3)(b) of cst act to exclude the use of a generator as a standby measure and the court directed amendment of the certificate of registration .....

Orient Paper and Industries Ltd. Vs. Orissa State Electricity Board

Court : Orissa

Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)

..... under article 226 of the constitution of india, levy of duty on electricity under central excises & salt act, 1944 (hereinafter referred to as 'the act') as amended by section 36 of finance act 1978 is assailed by the petitioner, a company registered under the indian companies act, 1913.2. petitioner carries on the business of manufacture of paper ..... that purpose, petitioner has a power plant to generate electricity. it also gets supply of electricity from the orissa state electricity board (hereinafter referred to as 'the board') on payment of charges.3. after the act was amended in 1978, providing for levy of duty on electricity by including item 11e to the first schedule, the ..... which fact was intimated to the board. thereafter, in the year 1980, the board amended the tariff taking into account all factors that contributed to the increase in the cost of generation of electricity including the levy under the act. to avoid the demand at such higher rate under the tariff, the present writ .....

Eastern Metals and Etc. Etc. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1999Ori140; 86(1998)CLT792

..... true sense of the word and duties and obligation of a licensee in the matter of charges fixingof electrical energy are not applicable to the board. that apart, section 26, sub-section (6) of the supply act has been amended by amending act 115 of 1976 dated 8-10-1 976 here the board has been specifically excluded from the definition ..... by the orissa amendment the power to revise thetariff vested with the board, the board did not | exist after the effective date.we may further point out that sub-section (3) of section 23 of the reform act prescribes that such of the right and the power exercised by the board under the electricity supply act as well as ..... power to publish an order authorising the licensee to exercise any power or authority which could be given to the licensee under the indian electricity act, 1910 (act 9 of 1910) and the electricity (supply) act, 1948 (act 54 of 1948), part iii of the licence is not relevant for our present discussion. part iv deals with tariffs and clause 10 .....

ipi Steel Limited Vs. the Orissa State Electricity Board and anr.

Court : Orissa

Reported in : 1994(II)OLR125

..... liability to pay the minimum charges this court had observed :'the relationship between them is as between two contracting parties supervened by the provisions of the electricity act and the electricity (supply) act as also the regulations framed thereunder. the relationship between the parties is, therefor to be interpreted in , the light of the statutory provisions but ..... art. 14 of the constitution. the petitioner has also prayed for quashing the bills raised by the orissa state electricity board for the period january 1989; to august 1990 in accordance with the aforesaid amended rugulations2. the petitioner entered into an agreement with the board, opp. party no 1 on 16-8-1981 and ..... a puie question of law.4. mr. panigrahi,the learned counsel for the petitioner, contends that the proviso to regulation 46 as brought out by amendment by notification dated 23-6-1987 providing levy of demand charge on the basis of maximum demand as provided in the agreement is grossly arbitrary and unreal .....

Basudev Mahakud, Executive Engineer(Elect.) Bhuban Vs. National Seeds ...

Court : Orissa

..... wherein one new category was created as allied agricultural 9 activity . for the purpose of horticulture. pursuant to such amendment, opp. party made a request to the executive engineer (electrical), bed, cesu to change its category from general purpose . to allied agricultural activity .. since the executive engineer turned ..... of the electricity act, 2003. section 62 of the electricity act, 2003 empowers the appropriate commission to determine the tariff in accordance with the provisions of the act for supply of electricity by a generating company to a distributing company. the tariff or any part thereof shall not be amended ordinarily more ..... frequently than once in any financial year. however, if the generating company or any licensee recovers excess amount from the consumer, the same shall be recoverable by the person who has paid such excess 10 amount along with interest equivalent to bank rate. therefore, under the provision of section 62 of the electricity act .....

M/S.21st Century Ferro and Alloys Ltd. Vs. Odisha Electricity Regulato ...

Court : Orissa

..... .2012 involves highly technical, financial and commercial aspects which can also be amended even normally once in a year as per sec. 62(4) of the act, 2003. any order passed by the appropriate commission i.e. oerc is appealable to the appellate tribunal for electricity under sec. 111 and ultimately against order of the appellate tribunal appeal ..... appeal. in support of his contention, mr. mohanty also relied upon the judgment dated 14.09.2011 of the hon ble apex court in civil appeal nos.5775/5780 of 2007, u.p. power corporation ltd. v. ntpc ltd. and others with c.a. nos. 725-730/2008.10. mr. b.k. nayak, learned counsel appearing for ..... are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better equipped to appreciate the technical and .....

M/S. Attitude Alloys Pvt. Ltd. Vs. Odisha Electricity Regulatory Commi ...

Court : Orissa

..... .2012 involves highly technical, financial and commercial aspects which can also be amended even normally once in a year as per sec. 62(4) of the act, 2003. any order passed by the appropriate commission i.e. oerc is appealable to the appellate tribunal for electricity under sec. 111 and ultimately against order of the appellate tribunal appeal ..... appeal. in support of his contention, mr. mohanty also relied upon the judgment dated 14.09.2011 of the hon ble apex court in civil appeal nos.5775/5780 of 2007, u.p. power corporation ltd. v. ntpc ltd. and others with c.a. nos. 725-730/2008.10. mr. b.k. nayak, learned counsel appearing for ..... are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better equipped to appreciate the technical and .....

Indian Aluminium Company Ltd. Vs. the Orissa State Electricity Board a ...

Court : Orissa

Reported in : AIR1975Ori100

..... required and any other relevant factors.(4) in fixing the tariff and terms and conditions for the supply of electricity, the board shall not show undue preference to any person.'section 49 of the parent act was amended by central act 30 of 1966 and the amended provision has been quoted above. as the marginal note of the section shows, the section purports to provide ..... for the sale of electricity by the board to persons other than licensees. sub-section (11 authorises the board to supply .....

Mohavir Prasad JaIn and anr. Vs. State of Orissa and ors.

Court : Orissa

Reported in : [1987]67STC376(Orissa)

..... nothing in the provision excluding its applicability to generator, if the same was required as a stand-by measure. in our opinion, therefore, the sales tax officer acted without jurisdiction in rejecting the application. the orders, therefore, are invalid and we accordingly quash annexures-5 and 5/1 passed by the sales tax officer, balasore circle ..... b) sells to a registered dealer other than the government goods of the description referred to in sub-section (3);shall be liable to pay tax under this act, which shall be four per cent of his turnover.section 8(3)(b), so far as is relevant for our purpose, provides that the goods referred to ..... the registration certificates of petitioner no. 2. petitioner no. 2 wanted amendment of its registration certificates bearing nos. bac-942 and ba-i 3312 by inclusion of the following items :(1) generator and its accessories for the purpose of producing electricity for manufacture of goods.(2) generator spare parts.(3) diesel oil for the purpose of .....

M/S.Maa Girija Ispat Pvt. Ltd. Vs. Odisha Electricity Regulatory Commi ...

Court : Orissa

..... .2012 involves highly technical, financial and commercial aspects which can also be amended even normally once in a year as per sec. 62(4) of the act, 2003. any order passed by the appropriate commission i.e. oerc is appealable to the appellate tribunal for electricity under sec. 111 and ultimately against order of the appellate tribunal appeal ..... appeal. in support of his contention, mr. mohanty also relied upon the judgment dated 14.09.2011 of the hon ble apex court in civil appeal nos.5775/5780 of 2007, u.p. power corporation ltd. v. ntpc ltd. and others with c.a. nos. 725-730/2008.10. mr. b.k. nayak, learned counsel appearing for ..... are factual and technical that arise in such an appeal, get appropriate consideration in the first appellate stage also. from section 4 of the 1998 act, we notice that the central electricity regulatory commission which has a judicial member as also a number of other members having varied qualifications, is better equipped to appreciate the technical and .....