Court : Karnataka
..... cerc was empowered to cap the trading margin under the authority of delegated legislation under section 178 vide the impugned notification dated 23-1-2006. (vii) section 121, as amended by the electricity (amendment) act 57 of 2003, came into force with effect from 27-1-2004. consequently, there is no merit in the contention advanced that the said section has not yet been ..... provisions of the act. 7.40. vikramaditya pandey vs. industrial tribunal, lucknow and another16 more particularly para 6, which is reproduced hereunder for easy reference:6. we have carefully considered the respective contentions made on behalf of the parties. it is not in 15 (2007) 6 scc3516 (2001) 2 scc423- 40 - wp no.46495 of 2012 dispute that the award passed by .....
Tag this Judgment!Court : Karnataka
..... land losers. the apex court in rajiv sarin, supra, at paragraph 68, observed: it is to be noted that article 300a was inserted by the constitution (44th amendment) act, 1978 by practically reinserting article 31(1) . therefore, right to property is no longer a fundamental right but a right envisaged and conferred by the constitution and ..... coke to the extent of being in variance with minerva mills, is per incuriam and therefore, impugned act cannot seek refuge under its umbrella. he also argued that the added provisions of article 31c vide 42nd amendment act, 1976 which extended protection to the statutes made to give effect to any of the directive principles in ..... egalitarianism of article 39(b) or by treating the principle of article 14, as included in the principle of article 39(b)... they also quoted what tinsukhia electric supply co. ltd vs state of assam28 observed: articles 31-a and 31-c were significant constitutional milestones in the harnessing and socialisation of the concept of .....
Tag this Judgment!Court : Karnataka
..... land losers. the apex court in rajiv sarin, supra, at paragraph 68, observed: it is to be noted that article 300a was inserted by the constitution (44th amendment) act, 1978 by practically reinserting article 31(1) . therefore, right to property is no longer a fundamental right but a right envisaged and conferred by the constitution and ..... coke to the extent of being in variance with minerva mills, is per incuriam and therefore, impugned act cannot seek refuge under its umbrella. he also argued that the added provisions of article 31c vide 42nd amendment act, 1976 which extended protection to the statutes made to give effect to any of the directive principles in ..... egalitarianism of article 39(b) or by treating the principle of article 14, as included in the principle of article 39(b)... they also quoted what tinsukhia electric supply co. ltd vs state of assam28 observed: articles 31-a and 31-c were significant constitutional milestones in the harnessing and socialisation of the concept of .....
Tag this Judgment!Court : Supreme Court of India
..... to provide the connection. on 3 december 2012, the division bench of the high court held that the clause 4.1.11 of the gujarat electricity supply code, as amended in 2010, is ultra vires the provisions of the 2003 act.300. the appellant has referred to clauses 4.1.16, 4.8.1, and 4.8.4 of the ..... that it was prepared to settle the dues of m/s hariganga alloys & steel ltd in twelve instalments. by an order dated 22 october 2007, this court directed the appellant to restore the electricity connection after receipt of the first two instalments by the respondent in view of the undertaking given by the respondent that it shall deposit the ..... 2006, the respondent-purchaser applied for a new connection for the premises. however, the appellant called upon the respondent to clear the outstanding dues of the premises. in 2007, the respondent filed a writ petition before the high court of gujarat praying for new connection without payment of the arrears. in 2010, the high court allowed the petition .....
Tag this Judgment!Court : Supreme Court of India
..... the award or if the award is in conflict with public policy of india, the award is liable to be set aside. explanation (1), amended by the 2015 amendment act, clarified the expression public policy of india and its connotations for the purposes of reviewing arbitral awards. it has been made clear that an award ..... to the sole arbitrator mr. justice b. p. singh (former judge of this court) in pursuance of its powers under section 86(1)(f) of the electricity act, 2003. the arbitration proceedings under this reference have led to the present appeals. arbitration proceedings and award 5. after long-drawn proceedings of arbitration with filing of ..... 18.53 crore, learned attorney general has submitted that the arbitral tribunal wrongly held that the issue of downrating was resolved between parties on 05.04.2007 and failed to appreciate the relevant contractual provisions concerning downrating. the definition of contractual capacity as defined under the ppa required that downrating be taken into .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings, irrespective of whether such arbitration proceedings commenced prior to or after the amendment act, 2015. 3.12 it is further submitted that the judgment in bcci (supra) has also been followed in patel engineering limited vs. north eastern electric power corporation limited, (2020) 7 scc167(para15) (three judge bench). 3 ..... conduct of arbitral proceedings is largely procedural in nature, parties may otherwise agree and apply the amendment act to arbitral proceedings that have commenced before the amendment act came into force. [ section 29- a of the amend (sic amended) act provides for time-limits within which an arbitral award is to be made. in hitendra vishnu thakur ..... to be sent for arbitration. however, it was the case on behalf of the appellant that in view of the arbitration and conciliation (amendment) act, 2015 (hereinafter referred to as amendment act, 2015 ) by which section 11(6a) came to be inserted, while deciding the application under section 11(6), the court would .....
Tag this Judgment!Court : Supreme Court of India
..... , nail cutters, sanitary towels and napkins, astringent lotions, pre-shave and aftershave lotions and creams, moisturisers of all sorts and personal (body) deodorant. by amendment to the tngst act, in 1994, the following explanation was added, below item i (iii), part f, of the first schedule: explanation- any of the items listed above ..... powder pads, along with the additional words even if medicated again, like in the kerala case, is decisive.51. in a decision of this court, oblum electrical industries pvt. ltd., hyderabad v collector of customs, bombay30 the function of an explanation was stated to be thus: it is a well settled principle of ..... of central excise4 (hereafter puma ayurvedic herbal ); hamdard (wakf) laboratories v. deputy commissioner5 3 order dated 14.11.2006 in ia no 311/2006 4 (2006) 2 scr11205 2007 (5) scr8734 (hereafter hamdard (wakf) laboratories ); ponds india ltd. v. commissioner of trade tax6 (hereafter ponds india ); muller & phipps (india) ltd v. collector of .....
Tag this Judgment!Court : Supreme Court of India
..... service is with any associated enterprise.].].4.8 it is submitted that the central board of excise and customs vide letter dated 22.05.2007 issued clarifications regarding various amendments brought out vide finance act, 2007. it is submitted that paras 9.1 to 9.7 which are relevant read as under: 9.1 works contract is a composite ..... fees; (iv) charges for obtaining on hir or otherwise, machinery and tools uses for the execution of the works contract; (v) cost of consumables such as water, electricity, fuel, used in the execution of the works contract, the property in which is not transferred in the course of execution of works contract; (vi) cost of ..... fees; (iv) charges for obtaining on hire or otherwise, machinery and tools used for the execution of the works contract; (v) cost of consumables such as water, electricity, fuel, used in the execution of the works contract; (vi) cost of establishment of the contractor relatable to supply of labour and services; (vii) other similar expenses .....
Tag this Judgment!Court : Supreme Court of India
..... (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. 24 9.2 after the amendment by act 3 of 2016, section 8, now, reads as under: - 8. power to refer parties to arbitration where there is an arbitration agreement.- (1) a judicial ..... the currency of the license agreement, plaintiff has paid other amounts also for and on behalf of the defendant no.1 towards wages to the workers, revenue taxes, electricity bills, excise duty, etc.8. the cause of action has arisen because in lieu of all these financial help from plaintiff, defendant no.1 entered into tripartite ..... the tripartite agreement having bank of baroda as a party is independent of the original agreement. 7.4. learned counsel also highlighted the amendment in the act of 2015, wherein section 8 was amended envisaging that if the judicial authority is of the opinion that prima facie the arbitration agreement exists, then it shall refer the dispute to .....
Tag this Judgment!Court : Supreme Court of India
..... the course of which they had made their award. 13 12 air1934pc105 13 c. v. nagarjuna reddy, role of arbitration in the wake of cpc (amendment) act, 1999, the indian council of arbitration, 33 54. it is quite evident from the above-mentioned clause that the bengal regulations contained provisions to enable the ..... in law. the judgment in united india insurance company limited and another v. hyundai engineering & construction company limited and others27 was also relied upon in pravin electricals private limited(supra) to demonstrate that section 11(6a) deals with existence , juxtaposed to section 16 and section 45, which deal with validity of an ..... 379-380. 73 buckeye check cashing inc. v. cardegna, 2006 scc online us sc1474 national agricultural co-operative marketing federation india ltd. v gains trading limited (2007) 5 scc692 naihati jute mills ltd. v khayaliram jagannath air1968sc522 p manohar reddy & bros. v. maharashtra krishna valley development corporation & ors (2009) 2 scc494page 63 .....
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