Court : Supreme Court of India
..... december 2011; (iv) increase in levy of minimum alternate tax ( mat for short) pursuant to amendment of section 115jb of the income tax act, 2012; 12 (v) design changes in coal handling plant in terms of letter issued by the central electricity authority ( cea for short) dated 19th april 2011; (vi) increase in working capital.23. it ..... to borrow the funds at the market rate and as such, applying the restitutionary principle, it is entitled to carrying cost as provided under the agreement. 5 (2007) 2 scc64044 iii. additional issues92 after hearing the learned counsel for the parties at length, we find that, apart from the three issues that were already decided ..... new coal distribution policy, 2013 ( ncdp2013 for short) should be on actuals viz. as against 100% of normative coal requirement assured in terms of new coal distribution policy, 2007 ( ncdp2007 for short) or restricted to trigger levels in ncdp2013viz. 65%, 65%, 67% and 75% of acq?. (ii) whether for computing change in law relief, the .....
Tag this Judgment!Court : Supreme Court of India
..... or the actual shr whichever is lower.37. this court, in the case of msedcl v. apml and others (supra), after considering the relevant provisions under the electricity act, 2003 with regard to constitution of various expert bodies like the cea, cerc and the learned aptel, has held that these bodies are bodies consisting of experts in ..... is 1st april 2013.33. as such, issue no.4 with regard to compensation for shortfall of domestic coal on account of change in law on account of amendment to the shakti policy stands covered by our judgment dated 3rd march 2023 in the case of msedcl v. apml and others (supra). 1834. insofar as the issue ..... tariff ("myt") regulations?. (4) whether merc was justified in restricting the change in law relief to the difference between 100% assurance in new coal distribution policy ("ncdp"), 2007 and 75% assurance under the shakti policy based on the fuel supply agreement ("fsa") dated 29.03.2018 being signed under the shakti policy?. (5) whether merc was .....
Tag this Judgment!Court : Supreme Court of India
..... a local authority to carry out development activities in the industrial areas like (a) construction of roads; (b) supply of electricity; (c) supply of water; (d) sewerage system; (e) all related amenities for the workers employed in industrial ..... secretary x----------------------------x------------------------------x 14. this seemed to remove whatever doubts, if any, and clarified explicitly that the amendments to the 1959 rules, of which rules 11a and 12 are important for us to keep in mind, ..... informed by learned counsels appearing for the appellant unions that an earlier petition challenging the transfer lease deeds of 2007, whereby the land was handed over to respondent no.1, is still pending before the rajasthan high court ..... was incorporated for carrying out development projects across the state. the corporation was subsequently split into two entities, with riico acting as its direct successor. to regulate riico s activities in respect of the lands over which it would have control, .....
Tag this Judgment!Court : Supreme Court of India
..... aptel, and thereafter to this court under section 125 of the act. tariff orders under section 64 of the act are quasi-judicial in nature and ipso facto binding on the parties unless amended or modified through law.5. on 29.01.2010, the central electricity regulatory commission (terms and conditions for recognition and issuance of renewable ..... energy certificate 8 kerala state electricity board & anr v. principal sir syed ..... follows: 13. the contention that under regulations 5.2, 5.3, 5.4 of the 2004 regulations as well as sections 61 and 62 of the electricity act, power is vested with the commission to vary the tariff is concerned, such power specifically provided for in the said regulations will only operate prior to fixing .....
Tag this Judgment!Court : Karnataka
..... sale deed. but, the defendants mainly relied upon the documents of exs.d23, d24, d43 and d44 which shows that the defendants have installed bore-well and obtained electricity connection and also availed loan from pld bank.20. it is the case of the plaintiff also that, when the defendants had purchased the property in the year 1991, ..... they started to interfere with the possession of the plaintiff and he also got amended the plaint contending that, during the pendency of the appeal, he was dispossessed from the property. it is also important to note that the defendants also claim adverse ..... the plaintiff has purchased the property in the year 1972, sale deed was executed in favour of the defendants after 18 years and section 10 27 of the limitation act extinguishes the right of the original vendor as well as the competent authority.10. the counsel, in support of his argument, relied upon the judgment of this .....
Tag this Judgment!Court : Supreme Court of India
..... almost forty years old. the requirement of a second show cause notice relating to the proposed penalty was removed from article 311 of the constitution by the constitution (42nd amendment) act, 1976. the same was upheld by a constitution bench of this court in union of india 1 (2017) 1 scc76814 and anr. vs. tulsiram patel2. however, ..... memos namely di nos.2,3,4,5 of 2005, after the culmination of which, separate reports were submitted by the enquiry officer on 29.03.2007 and 27.04.2007. as per the enquiry reports, some charges stood proved and the other charges were not proved.7. therefore, second show cause notices were issued and ..... placed reliance upon the decision of this court in himachal pradesh state electricity board limited vs. mahesh dahiya1.20. but the decision of this court in himachal pradesh state electricity board limited (supra), is one where the disciplinary authority-cum-whole time members of the electricity board were found to have formed an opinion to impose a major .....
Tag this Judgment!Court : Supreme Court of India
..... dispute shall be submitted to adjudication by the appropriate commission. appeal against the decisions of the appropriate commission shall be made only as per the provisions of the electricity act, 2003, as amended from time to time. the obligations of the procurers under this agreement towards the seller shall not be affected in any manner by reason of inter- se ..... project status as per ministry of power's letter no.f.no.12/18/2006-p&p dated 20.10.2006. the final certificate was issued on 21.09.2007. 78. sasan umpp is an integrated power project with captive coal mines viz. moher, moher amlohri extension and chhatrasal coal blocks. the captive coal mines allocated for ..... the successful bidder reliance power limited, commissioned a new study by wapcos. wapcos submitted its report on 04.04.2008. we must at this juncture notice that 21.07.2007 has been 12 civil appeal no.11826 of2018etc. determined as the cut off date, the relevance of which will be unfolded in the later part of the judgment. .....
Tag this Judgment!Court : Supreme Court of India
..... death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.58. the substituted section 6 of the principal act as amended by the amendment act, 2005 which is in force w.e.f. 9.09.2005 reads as under: 6. devolution of interest of coparcenary property. (1) on and from the commencement ..... of the court. (relevant page 10-13 of ia) 2. dues with regard to suit properties: a. water bills - rs. 51,478/- b. revenue tax - rs. 80,733/- c. electricity bills - rs.1,89,228.84 total rs. 3,21,439.84 (relevant page 14-15 of ia) 3. illegal filling of two jalasaya in suit properties in contempt of ..... by police on complaint of tahsildar are annexed, relevant pages 17-20 of ia) 4. installation of 100 kw electric transformer on suit property after getting permission for different plot. (relevant page 21 of ia) 5. obtained permission for electric substation of 500 kva for suit property by forging signature of plaintiff and defendant 2 (in 2016 16 whereas defendant .....
Tag this Judgment!Court : Supreme Court of India
..... . 58. learned counsel further submits that the amended ppa dated 25th august, 2004 was not approved in terms of section 86(1)(b) of the act 2003 still it is a binding document between the parties inter se and since the electricity was sold to the board otherwise than as a gratuitous act, board needs to pay for the same on ..... power plant for the period between 1st july, 2006 and 1st july, 2009 is as under: period concerned plf achieved 1st july, 2006 to 30th june, 80.82% 2007 1st july, 2007 to 30th june, 73.20% 2008 1st july, 2008 to 1st july, 2009 67.09% 12. in the given circumstances, the respondents cannot be held responsible to ..... manifest error which the tribunal has committed in rejecting the claim of the appellant needs to be interfered by this court. 1 1962(suppl) 1 scr8762 1976(4) scc5053 2007(13) scc5446 10. per contra, learned counsel for the respondents, while supporting the concurrent finding returned by the commission and confirmed by the tribunal under the impugned judgment .....
Tag this Judgment!Court : Supreme Court of India
..... tribunal was to collect a court fee and entertain claims preferred within a period of limitation. 2233. under the ngt act, the act 1986 was also amended. by section 36 of the ngt act, section 5a was inserted in the act 1986. under this section, any direction issued by the central government under section 5, either for the closure, prohibition or ..... service, was made appealable to the national green tribunal.34. the legal effect of section 5a of the act 1986, if juxtaposed in to section 5 read with section 3(3) will be: (1) ..... regulation of any industry, operation or process or the stoppage or regulation of the supply of electricity or water or any other .....
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