Court : Rajasthan
Reported in : AIR1966Raj1; (1968)ILLJ248Raj
..... controversy with which we are faced. the state electricity board with which we are concerned here has been constituted under the indian electricity (supply) act, 1948. this act provides for the rationalisation of the production and supply of electricity and for taking measures conducive to electrical development and for all matters incidental thereto.6. ..... licensee has failed to comply with any of the provisions of the 6th and 7th schedules of the act whereupon the charges levied by the licensee for the supply of the electricity can be investigated and suitable recommendations in that behalf made to the government.section 60 is then ..... important and lays down, broadly speaking, that the board shall assume all obligations of the state government which existed at the time of the first constitution of the board in respect of matters to which the act of 1948 .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ961Raj
..... to whether the standingorders under the industrial employment (standing orders) act, 1946, prevail as against regulations regarding the age of superannuation made by the electricity board under the specific power vested by section 79(c) of the electricity (supply) act, 1948, which was contended to be a special law as against the ..... industrial employment (standing orders) act. their lordships of the supreme court considered the question ..... quasi-judicial determination, by a general incidental provision like section 79(c) of the electricity (supply) act. it is obvious that parliament did not havebefore it the standing orders act when it passed the electricity (supply) act and parliament never meant that the standing ordersact should stand pro tanto repealed bysection 79 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(3)WLC33; 1992(1)WLN166
..... disposal of the board, directives dated 16/28th march, 1960 were issued by the govt. of rajasthan in exercise of powers under section 78a of the electricity [supply) act, 1948 which inter-alia mentioned as under:1. salaries, allowances and other emoluments of the service personal placed under the administrative control of the board shall be continued ..... from govt. service and cannot be treated to have retired from a post of government. merely because they were ultimately absorbed in the services of the electricity board after serving for qualifying period under state, they cannot be denied the benefit of said memorandum. his further case is that after obtaining their options ..... named in schedule 'a' continued to be govt. servants until their lien was terminated by issuing final order for transferring their services to the rajasthan state electricity board and fresh lien was created over corresponding posts in board and date of termination of lien from govt. service be deemed to be date of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(1)WLC452; 1992(1)WLN500
..... . h.s. jain air 1979 sc 65. in that case, the question which arose was, as to whether (standing orders) act, 1946, prevail as against regulations regarding the age of superannuation made by the electricity board under the specific power vested by section-79(c) of the electricity [supply) act, 1948, which was contended to be a special law as against the industrial employment (standing orders ..... ) act. their lordships of the supreme court considered the question and then observed as under:the maxim 'generalia specialibus nonderogant' is quite .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)189CTR(Raj)516; [2005]275ITR372(Raj); 2004(5)WLC285
..... vi to the electricity (supply) act, 1948 required the electricity company to create certain reserves if its clear profit exceeds a reasonable return. the court said as under:'moneys standing to the credit of the contingencies reserve which ..... to be given to the consumers.30. in contrast, the matter of constituting a reserve fund to meet contingent liability that may arise in future under the very electricity (supply) act, 1948 invited attention of the apex court in associated power co. ltd. v. cit : [1996]218itr195(sc) . it was a case in which clause ii of schedule ..... of the assessee and to which case we shall advert to later on.in poona electric co. ltd. (supra), the assessee was required by section 57(1) of the electricity (supply) act, 1948 under which the provisions of schedules vi and vii of the act were deemed to be incorporated in the licence. schedule vi imposed a duty on the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1964Raj205
..... could lawfully maintain a transmitter after the telegraph act, 1885, was extended to the whole of india including the acceding states by act no. 45 of 1948 on the 3rd september, 1948. by section 3(1) of this act, 'telegraph' is defined as follows:-' 'telegraph' means an electric, galvanic or magnetic telegraph, and includes ..... machinery, etc. imported by the plaintiff into the state for the manufacture, assembly, repairs and reconditioning of radios, transmitters and other electronic apparatuses and electric equipments, nor levy any excise or export duty on articles manufactured or es-sembled by the plaintiff for sale in the state or for export, and ..... federal' department should be taken over by the centre. they will consist of all outstanding claims for and against government, including refund claims, pending bills for supplies, stores, contracts, services and contingencies etc., and all uncollected 'federal' revenues, whether assessed or not.(4) legal basis for giving effect to the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... where a body of persons act in excess of legal authority, a writ of prohibition was the remedy. in this case, a writ of prohibition was issued to the electricity comrs. directing them not to proceed with a certain scheme which they had in hand for effecting improvements for the supply of electricity, notwithstanding that the order ..... abrogate all other constitutional provisions inconsistent therewith & then in force in the state. it was urged that the report of the indian states finances enquiry committee 1948-49 was accepted by the rajpramukh of rajasthan, & under that report levy of income-tax by the union of india was recommended for the assessment year 1950 ..... state of rajasthan & according to article 8 of this covenant, an instrument of accession was executed by maharajadhiraj maharana shri bhopalsinghji of udaipur on 15-4.-1948. this instrument was duly accepted by the governor-general of india on 12-5-1949. according to article 3, the rajpramukh accepted all matters enumerated in .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN745
..... import duty on materials imported into the state for use in the construction of buildings and works on the said land(b) state import duty on machinery, plant, equipment electrical installation and fittings and on re-placement or spare imported by the company for installation or use in the mill premises, ginning factory or press from time to time(c ..... founded upon any contract or tort but upon a third category of the law, namely quasi-contract or restitution.40. the following observations made in nelson v. larholt (1948) 1 kb 339 by lord denning have been approved by their lordships of the apex court while dealing with section 70 of the contract ..... restitution, in mulamchand v. state of madhya pradesh : [1968]3scr214 by observing as under:but, if money is deposited and goods are supplied or if services rendered in terms of the void contract, the provisions of section 70 of the indian contract act may be applicable. in other words, if the conditions imposed by section 70 of the indian contract .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)ILLJ111Raj
..... (supra) affirmed the aforesaid two decisions of the madras high court. a single judge of the mysore high court took the same view in the case of nippani electricity company ltd. v. bhimrao laxman 1969 i l.l j. 268, and a bench of the bombay high court in the pigment lakes & chemical mfg. co. ..... of the emergence of corporations as instrumentalities or agencies of government is to be found in the government of india resolution on industrial policy dated 6th april, 1948. where it was stated inter alia that management of state enterprise will as a rule be through the medium of public corporation under the statutory control of ..... its officers is subject to certain constitutional and public law limitations, it must follow a fortiori that t government acting through the instrumentality or agency of corporations should equally be subject to the same limitations.(emphasis supplied)34. the criteria in finding out, whether the corporation was instrumentality or agency of the state was reiterated again .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj25
..... satisfaction. our attention was invited in this connection to several english and indian authorities, and to some ol these, we would now refer.21. in r. v. electricity commissioner, 1924-1 kb 171, said atkin l. j. (as he then was) :'wherever any body of persons, having legal authority to determine questions affecting the ..... rights of subjects, and having the duty to act judicially act in excess of their legal authority, they are subject to the controlling jurisdiction of the kings, bench division exercised in these writs.'22. in rex v. legislative ..... the legality or otherwise of the adjournment ordered by the senior vice chairman.the collector was further of the opinion that the duty of determining whether any such act was legal or otherwise rested with the government under section 242 (2) of the regulation. consequently, the collector referred this question for decision to the .....
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