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 : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... see mahabir auto stores and ors. v. indian oil corporation and ors. : [1990]1scr818 ] even while fixation of tariff for the supply of electric energy in terms of the provisions of section 49 of the electricity (supply) act, 1948, only a reasonable profit is contemplated and not profiteering [see s.n. govinda prabhu (supra) and ongc (supra). it may be ..... that public enterprise should, by definition, be run on a no-profit basis. 44. in dealing with the fixation of tariff under the electricity (supply) act, 1948, this court in hindustan zinc ltd. (supra), opined that the tariff cannot be fixed in such a manner by the board while ..... undertaking properly and prudently managed on sound commercial lines. is the position any different because the board is a public utility undertaking or because of the provisions of the electricity supply act?.... [see oil and natural gas commission and anr. v. association of natural gas consuming industries of gujarat and ors. : [1990]3scr157 ].41. in gujarat ambuja .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(6)ALD752
..... and as, under section 56 of the a.p. electricity reforms act, 1998, the provisions of the electricity (supply) act, 1948 prevail, except to the extent of inconsistency, section 49 of the electricity (supply) act, 1948 and the regulations made thereunder continue to operate even after the electricity act, 2003 came into force.14. section 49 of the electricity (supply) act, 1948 provided for the sale of electricity by the board to persons other than licensees and ..... . under section 185(1) of the electricity act, 2003 the indian electricity act 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 stand repealed, save as provided in the electricity act, 2003. in view of section 185(3), read with the schedule to the electricity act, 2003, the provisions of the a.p. electricity reforms act, 1998, which are not inconsistent with the provisions of the electricity act, 2003, shall continue to apply in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALT580
..... and as, under section 56 of the a.p. electricity reforms act, 1998, the provisions of the electricity (supply) act, 1948 prevail, except to the extent of inconsistency, section 49 of the electricity (supply) act, 1948 and the regulations made thereunder continue to operate even after the electricity act, 2003 came into force.14. section 49 of the electricity (supply) act, 1948 provided for the sale of electricity by the board to persons other than licensees and ..... . under section 185(1) of the electricity act, 2003 the indian electricity act 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 stand repealed, save as provided in the electricity act, 2003. in view of section 185(3), read with the schedule to the electricity act, 2003, the provisions of the a.p. electricity reforms act, 1998, which are not inconsistent with the provisions of the electricity act, 2003, shall continue to apply in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009LC(SC)13; JT2009(3)SC462; 2009(3)SCALE620; (2009)6SCC235; 2009(2)LC966(SC); 2009AIRSCW5869
..... , jurisdiction to make tariff for the generating companies.10. the matter relating to generation, transmission, supply and distribution of electrical energy in different states used to be governed by the electricity (supply) act, 1948. with a view to bring reforms in the power sector and to meet shortages in the power supply, the central government as also the various state governments, adopted liberalisation policies for industrial economy ..... . this was the date from which, as per the provisions of section 51 of the erc act, the central government notified the deletion of section 43a(2) of the electricity (supply) act, 1948 (es act), in respect of tariff of companies falling under sections 13(as) and (b) of the erc act. section 43a(2) which deals with the terms and conditions for sale of power by .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR461
..... under sub-section (1) and subject to the conditions referred to therein.there is nothing in section 42 of electricity (supply) act, 1948 which prohibits board from exercising powers under section 18 of indian electricity act, 1910, even in cases where the schemes are sanctioned. all these provisions are made to authorize board to ..... here the board has contended that they exercised the powers under section 18 of the indian electricity act, 1910 though it could have in view of provisions of section 42 of electricity (supply) act, 1948 exercised powers under section 18 of telegraph act. said section 42 is as under:42. powers to board for placing wires, poles, ..... on merits under section 16(3).8. advocate shri moharir appearing for state electricity board states that section 42 of electricity (supply) act, 1948 is only enabling provision and it does not prohibit the state electricity board from taking recourse to indian electricity act, 1910. he contends that in the present case the board found it .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ603
..... them prohibited the sale of the electricity by a generating company. it is contended that the justification submitted by the respondents is not only after-thought ..... any rational or legal sanctity. the petitioners have referred to the provisions of section 43a of the electricity supply act, 1948, which according to them permits a generating company to enter into a contract for the sale of electricity generated by it with any other person with consent of the competent government or governments. the aforesaid ..... expensive than the prevalent cost price of the electricity in the state of karnataka. justifying the change of mode of sale of purchase of the energy, the respondents have submitted that at the time of the signing of the mou, the provisions of the electricity supply act, 1948 were not taken note of which according to .....
Tag this Judgment!Court : Patna
..... state of bihar by a resolution dated 10.9.1987 resolved to establish tenughat vidyut nigam as a company incorporate to act as a generating company under provisions of the indian companies act and the electricity (supply) act, 1948. tvnl with registered office at patna was incorporated as a company and a certificate of registration dated 26.11.1987 ..... . hence, tvnl cannot now take a stand that its assets and liabilities have not passed on to state of jharkhand, (viii) the provisions of the electricity supply act as existing till its repeal on 10.6.2003 made government of jharkhand as the competent government and therefore the ownership of the tvnl, a generating company ..... power of deciding entitlement which is not available to it under section 60 of the act. he also referred to section 63 of the act which provides for continuance of arrangements in regard to generation and supply of electricity power and supply of water and in that context the central government has been vested with power to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)7SCC259; 2008AIRSCW4814; 2008(7)SCC259
..... iillj470sc , the question which fell for this court's determination was whether an agreement despite expiry would prevail over a regulation made under section 79(c) of the electricity (supply) act, 1948 as regards the age of superannuation of an employee of the respondent-board having regard to the use of the words 'time to time' in section 2 of ..... as to statutory corporations- (1) save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves the needs of the successor states or has, by virtue of the provisions of part ii ..... in number, as the chief justice, may, from time to time nominate, shall sit at lucknow as used in the united provinces high courts (amalgamation) order, 1948 came up for consideration before this court.it was held by this court that the words 'from time to time' suggest not only that judges who may come from .....
Tag this Judgment!Court : Delhi
Reported in : 2001(63)DRJ620
..... situation where the appointments made by the board ran counter to the statutory regulations. in this context it should be mentioned that section 78a of the electricity (supply) act, 1948 envisages that in the discharge of its functions, the board shall be guided by such directions on questions of policy as may be given to it ..... the vice of non-impleadment of necessary parties. reliance has been placed on sections 5, 12 and 15 of the electricity (supply) act, 1948. the argument proceeds that on the application of section 12 of this act, the dvb is a body corporate having perpetual succession and a common seal. mr. birbal has further contended that the ..... rule and not the exception. the practice is illegal.9. the contention of mr. birbal, learned senior counsel for the dvb that section 15 of the electricity (supply) act, 1958 vests discretion and power in the board for appointment of all officers and employees other than its secretary, is also without merit. where statutory regulations are .....
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