Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 Court: chhattisgarh Page 1 of about 138 results (0.027 seconds)

Chhattisgarh State Electricity Board and Etc. Vs. Vishal Agrawal and o ...

Court : Chhattisgarh

Reported in : AIR2008Chh57

..... (6) the cognizance of the offence under the act shall not in any way prejudice the actions under the provisions of the indian penal code.the principal electricity act, 2003 was further amended by the electricity (amendment) act, 2007 and apart from other amendments section 151 of the principal act was also amended and provisos in sections 151, 151-a, and 151-b were inserted. ..... in any case, the parliament in the statement of objects and reasons for enacting the electricity (amendment) act, 2007 has clearly stated that the offences relating to theft of electricity, electric lines and interference with meters are cognizable offences and considering the concerns expressed on account of present formulation of section 151 that it stands as a barrier to investigation of these cognizable offences by the police, amendment to section 151 was proposed to clarify the position that the police would be able to investigate the ..... it was vehemently argued by learned counsel for the accused persons that the electricity (amendment) act, 2007 came into force from 15th june, 2007 and taking cognizance of an offence by a court is a judicial function; therefore, subsequent amendment in the act would not have retrospective effect.41. ..... (iii) whether the provisions of electricity (amendment) act, 2007, which came into force w.e.f. ..... it is further argued that in the meanwhile electricity (amendment) act, 2007 came into force w.e.f. ..... - (1) this act may be called the electricity (amendment) act, 2007. .....

Sadhna Bai Vs. State of Chhattisgarh, through the Secretary, Revenue a ...

Court : Chhattisgarh

..... these lands were acquired by the state government in exercise of the provisions contained in the land acquisition act, 1894 (for short 'the la act') for dumping ash products oozing out from the power unit owned by respondent no.2 chhattisgarh state electricity production company limited and ultimately, award was passed on 29-8- 2007 and thereafter, lands vested with the state government. 4. ..... the state government in exercise of power conferred under article 162 of the constitution of india has framed the chhattisgarh state model rehabilitation policy, 2007 (as amended) to restore the status and dignity of land oustee whose land has been subjected to acquisition for the projects of governmental and private institutions in addition to payment of compensation under the land acquisition act and to provide for their shelter and employment also. ..... 1762/2014 government is justified in impliedly excluding married daughter of the affected/displaced family from consideration for employment under the chhattisgarh state model rehabilitation policy, 2007, as amended, on the ground of her marriage. 2. ..... the 73rd and 74th amendments of the constitution which deal with the reservation of women has the avowed purpose, that is, the women should become parties in the decision-making process in a democracy that is governed by the rule of law ..... the purpose of the constitutional amendment is that the women in india are required to participate more in a democratic set-up especially at the grass root level .....

M/s. Jayaswal Neco Industries Ltd. Vs. State of Chhattisgarh and Anoth ...

Court : Chhattisgarh

..... (i) the constitutional validity of section 3 of central province and berar electricity duty act, 1959 as amended by madhya pradesh taxation law (amendment) act, 1956 came to be considered before the division bench of the madhya pradesh high court in case of j. c. ..... a bare perusal of the aforesaid form would show that form-g as required under the rules of 1949 was submitted by muul from march-2007 to july-2009, in which the said muul company had shown the petitioner company to be the producer of electrical energy of his power plant on the basis of lease and said power generated from the leased power plant has been shown to be consumed by petitioner company m/s. ..... here in the instant case, muul has leased its entire power plant to the petitioner company vide agreement dated 04.01.2007 (annexure p/2) and thereafter electricity produced in the said power plant was not used or consumed by muul for his own purpose and entire electrical energy produced from the said power plant was consumed by the petitioner company himself. ..... supplied in the form g under rules, 1949 submitted by muul and by the petitioner company, the petitioner company has been shown to be producer informing that entire electricity generated has been used by the petitioner for his own purpose since the date of its commissioning that is from march-2007 to june-2012, and as such, muul is not entitled for exemption and the petitioner being the producer within the meaning of section 3 of the .....

C.G. State Power Distribution Company Limited and Another Vs. Sanjay S ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... be issued after a period beyond a period of two years, but as we have hereinabove held that the complainant/respondent is not consumer within the definition of section 2(1)(d)(ii) of the act, so it will be of no use to dwell further into this question and to decide as to whether provisions of section 56(2) of the electricity act, 2003 which prohibits disconnection after period of two years, unless demand is made continuously in the bill, are applicable in the facts of the present case or not and whether ..... thus, the ratio of the aforesaid case is that supply of electricity is not sale and purchase of something, but it is a service and that question of controversy of that case were of dates prior to date of amendment in the definition of consumer , so the ratio of that case does not apply in the facts of the present case ..... , the explanation, which was also added by the same amending act 62 of 2002, w.e.f. ..... have been inserted by amending act 62 of 2002 ..... case of complainant of that case was pertaining to a period prior to the date of insertion of amendment in definition of consumer as per section 2(1)(d) of the act or not has not been stated clearly by counsel for the complainant/respondent, but from paragraph no. ..... that supply does not include a person who avails of such services for any commercial purpose inserted in section 2(1)(d)(ii) by the act 62 of 2002 is not applicable in the facts and circumstances of that case since the controversy relates to the period prior to amendment. 14. .....

C.G. State Power Distribution Company Limited Vs. Fattechand Bagdi

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... the complainant/respondent for earning his livelihood by self employment, then it cannot be said that his case comes under the purview of explanation added in the definition of consumer under section 2(1)(d)(ii) of the act, 1986 and so it remains a commercial unit and the availment of electricity from the electricity supply company remains for the purpose of commercial use and so the complainant of the present case is excluded from the definition of consumer as defined in section 2(1)(d)(ii) of the ..... case of complainant of that case was pertaining to a period prior to the date of insertion of amendment in definition of consumer as per section 2(1)(d) of the act or not has not been stated clearly by counsel for the complainant/respondent, but from paragraph no. ..... , the explanation, which was also added by the same amending act 62 of 2002, w.e.f. ..... been inserted by amending act 62 of 2002 ..... the report, a hint is available to the effect that complaint cases were filed in the years 1998 and 1999 before consumer fora and so it can well be concluded that, that was a case filed before amendment in the definition of consumer as per section 2(1)(d)(ii) of the act and so the ratio laid down in that case, is not applicable in the facts of the present case. 22. ..... ratio of the aforesaid case is that supply of electricity is not sale and purchase of something, but it is a service and that question of controversy of that case were of dates prior to date of amendment in the definition of .consumer. .....

Yadram (Dead) Through LRs. and Others Vs. The State of Chhattisgarh an ...

Court : Chhattisgarh

..... every person who on the date of commencement of the madhya pradesh land revenue code (amendment) act, 1980 (hereinafter referred to as the amendment act of 1980) is in possession of agricultural land which belonged to a member of a tribe which has been declared to be an aboriginal tribe under subsection (6) of section 165 between the period commencing on the 2nd october, 1959 and ending on the date of the commencement of amendment act, 1980 shall, within two years of such commencement, notify to the sub-divisional officer ..... in the present case, period of application of the amendment has already been mentioned in the amending act, therefore the amending act would be operative for the transaction made between 2-10-1959 till 24-10-1980 and not prior ..... in view of the legal opinion we have formed regarding the applicability of section 170-b of the code, we answer the question referred that the provisions of section 170-b of the code and act no.15 of 1980 (with effect from 24-10- 1980) will apply in respect of transaction involving transfer / acquisition of right by a non-tribal over a land, before such acquisition of title or interest ortransfer, belonged to member of tribe who has been ..... assam state electricity board and another ((2012) 7 scc 462) in which while dealing with the scope of operation of law as retrospective, the supreme court has held that the fundamental rule of construction is the same ..... (2007(2) ..... ) under rule 32 (2) (ii) of the high court of chhattisgarh rules, 2007. .....

Raymond Ltd. and anr. Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : AIR2004Chh12; 2004(1)MPHT33(CG)

..... . therefore, considering the above difficulties faced by the aggrieved persons as well as by the state, the state of madhya pradesh introduced the amendment bill in the year 1990 and clause 3 of the objects and reasons says as there is no provision under sections 31, 40 and 41 of the indian stamp act, 1889 for giving reasonable opportunity of hearing to the parties and the order passed by the district collector stamps is determinative and there is no ..... the powers exercised by the collector under chapters iv and v and clause (a) of the first proviso of section 26 shall be subject to the control of the chief revenue authority and in case if the collector acting under sections 31, 40 and 41 of the stamp act feels doubt as to the amount of duty for which the endorsement is chargeable he may prepare the statement of the case and refer it to the chief controlling revenue authority for its opinion.14 ..... has been served on the party concerned and opportunity given to him for being heard :provided further that no application for revision shall be : (i) entertained against an order appealable under this act;(ii) entertained unless presented witness ninety days from the date of the order and in computing the period aforesaid, the time requisite for obtaining copy of the said order shall be excluded.' 18 ..... revenue for the state of madhya pradesh and central government from the date it commenced operations by payment of sales tax, stamp duty, excise, royalty and cess on limestone, electricity charges etc.3 .....

Smt. Hembai and ors. Vs. Bhilai Steel Plant

Court : Chhattisgarh

Reported in : [2007(115)FLR978]; (2008)ILLJ643CG; 2007(3)MPHT123(CG)

..... by amending act 30 of 1995, section 4a of the act was amended, inter alia fixing the minimum rate of interest to ..... been argued that the commissioner committed a serious error of law in imposing a penalty on the appellant under section 4a(3) of the act as the compensation had not fallen due until it was 'settled' by the commissioner under section 19 by his impugned order dated ..... this appeal under section 30 of the workmen's compensation act, 1923 (for short, hereinafter referred to as 'the act') against the order dated 16-2-2004 passed by the commissioner for workmen's compensation, labour court, durg whereby the prayer of the appellants for payment of balance of compensation towards the death of hemant kumar who was working as technician in the town engineering electrical department of the respondent has been rejected.2. ..... the supreme court in pratap narain singh (supra), kerala state electricity board (supra) and khajuni devi and ors. ..... in the instant case, the accident took place after the amendment and, therefore, the rate of 12% as fixed by the ..... per amended section 4 of the workmen's compensation act because no notification appears to have been issued giving effect to the amended section ..... 16904-09 of 1996, decided on 6-11-1996, however, took the view that the workmen's compensation act being a special legislation for the benefit of the workmen, the benefit as available on the date of adjudication should be extended to the workmen and not the compensation which was payable ..... (2007 .....

Paltu Ram Sahu and Another Vs. Devi Prasad Thakur and Others

Court : Chhattisgarh

..... the issue came up before the supreme court after amendment introduced in the workmen's compensation act by act no.30 of 1995 wherein the amount of compensation and the rate of interest were increased with effect ..... various high courts in the country, while dealing with the claim for compensation under the workmen s compensation act have uniformly taken the view that the relevant date for determining the rights and liabilities of the parties is the date of the ..... at about 11 o clock while he was loading rice bran in the vehicle, vehicle came in contact with the electricity wire and thereby he was electrocuted. ..... para 2 and 3 of kerala state electricity board (supra) is quoted herein below:- ..... what the section provides is that if any question arises in any proceeding under the act as to the liability of any person to pay compensation or as to the amount or duration of the compensation it shall, in default of agreement, be settled by ..... observed that pratap narain singh deo verdict was by four judge bench and kerala state electricity board vs. ..... of the law laid down in the case of kerala state electricity board vs. ..... it was the duty of the appellant, under section 4- a(1) of the act, to pay the compensation at the rate provided by section 4 as soon as the personal injury was caused ..... (2007) 2 scc 349 and oriental insurance company ..... (2007) 2 scc 349 laid down that both the decisions were rendered in ignorance of earlier larger bench decisions of the supreme court with respect to the issue .....

New India Assurance Co. Ltd. Vs. R.K. Industries

Court : Chhattisgarh

Reported in : 2005(3)ARBLR412(NULL)

..... now after amendment by amendment act no. ..... revision is allowed and the impugned order passed by the lower court is set aside and the application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc is allowed and as a result thereof appointment of arbitrator and arbitration proceeding, if any, stands dismissed.20. ..... persons as arbitrators of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party in accordance with the provisions of the arbitration act, 1940, as amended from time to time and for the time being in force. ..... 1 crore.service has been defined in the said act, 1986 which includes facilities in connection with, banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both entertainment, amusement or the purveying of news or ..... without minutely examining the contentions and material, has passed the impugned order and dismissed the application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc, has acted in the exercise of its jurisdiction not only illegally but also with material irregularity.19. ..... to be decided in this revision is that whether after adjudication of claim on merit under consumer protection act, can claimant again take the said dispute for fresh determination taking shelter of arbitration clause.5. .....