Court : Allahabad
Reported in : (1968)IILLJ21All
..... of section 107(2) will not be attracted, and the central statute will not prevail.8. under section 79 of the uttar pradesh, electricity (supply) act, 1948, the state electricity board has been authorized to make regulations to provide for various matters enumerated in the clause thereof. clause (c) mentions the duties of officers ..... the notification under section 3(b).5. for the petitioner-board, the learned additional advocate general submitted that section 79 of the electricity (supply) act, 1948, conferred power on the state electricity board to fix the salaries, allowances and terms and conditions of the services of its employees. this was a special enactment in ..... its employees.9. the learned advocate-general urged that the provisions of section 79 of the electricity (supply) act, 1948, were special provisions and those of section 3(6) of the uttar pradesh industrial disputes act were the general provisions in respect of the terms and conditions of service of industrial workmen. section .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC43
..... 2.1996. the amount of the bills was not paid and thereafter demand notice has been sent on 12th june. 1996 under section 3 of u. p. government electrical undertakings (dues recovery) act, 1958 and further the bills have been sent for the period covering up to 31st may, 1996 which has been filed as annexures 11a, 11b and 11c to ..... .6. the petitioners came up earlier before this court in civil misc. writ petition no. 21537 of 1996 for quashing the recovery proceedings instituted on account of non-payment of electrical bills issued on 12.6.1996 (as contained in annexures '11a, 11b and 11c') as also the demand notices issued on 12.6.1996 (as contained in annexures '12a, ..... , which became sick since 26.2.1988, is entitled to the reliefs claimed for where the recovery of the amount of the electrical bills was/is sought to be recovered by the respondents on account of supply of the electrical energy to the petitioner no. 1 after it had become sick?5. in our view this question has to be answered in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All460
..... which is a licensee within the meaning of section 26 of the electricity supply act, 1948, is directed against the judgment of a learned single judge in a writ petition filed by respondent, prakash talkies.2. the respondent runs a cinema house styled as prakash talkies, banda. it had obtained electric connections for light and fans as well as for industrial power. ..... to the consumer for payment of the amount due. sub-section (2) of section 24 of the act, which has been extracted above, applies only to those cases where ..... for determination thereof. section 24(1) of the act give.s power to licensee where a consumer neglects to pay any charge for energy or any sum other than a charge for energy due from him to licensee in respect of the supply of energy to him to disconnect the electric supply after giving one week's notice in writing .....
Tag this Judgment!Court : Allahabad
Reported in : (1995)IIILLJ470All
..... duly incorporated under section 5 of the electricity (supply) act, 1948. the board is engaged in a number of operations for the purposes of generating, distributing and transmitting electricity to various consumers in the state of uttar pradesh. according to the board, electricity transmission division, u.p. state electricity board, mirzapur is a new establishment and ..... not mean that it was a new establishment. it is a part of the establishment known as u.p. state electricity board. the act came to be applicable to the said electricity board from 1.4.1972. consequently, the question of granting exemption to the transmission division at mirzapur because it was ..... commissioner was not satisfied with the reply and initiated proceedings under section 7-a of the act. the commissioner by his order dated 25th march 1980, held that the act was applicable to the establishment viz., electricity transmission division, mizapur, from the date of its establishment. the reasons given was that it .....
Tag this Judgment!Court : Allahabad
Reported in : (1994)ILLJ1035All
..... but in the present case the regulations have not been so notified. learned counsel for the board has invited our attention to the state amendment of section 79 of the electricity (supply) act, 1948, and has submitted that in view of the amended third proviso, the regulations framed under clause (c) have overriding effect and accordingly the said regulations will have effect notwithstanding anything ..... transfer) regulations, 1980. these regulations have been framed in exercise of the power conferred under clause (c) of section 79 of electricity (supply) act, 1948. regulation 3 provides that notwithstanding anything contained in any standing order framed under the industrial employment (standing orders) act, 1946, services of the employees of the board shall be liable to transfer at any place under the board in uttar .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1999All32
..... in that event the same would be be covered by the provisions of the statutes operating in the field in the indian electricity act, 1910, indian electricity supply act, 1948 and the rules and regulations framed thereunder. the petitioner therefore cannot claim any thing outside the scope and ambit of the said ..... since cause of action emanated from the agreement dated 2-12-1991 relating to supply of electrical energy to the petitioner within the scope and ambit of the indian electricity act, 1910 and the indian electricity supply act, 1948 and rules and regulations framed thereunder.9. the only relief that was being sought ..... agarwal also submits that by virtue of agreement between the respondent and the petitioner, the respondent is bound to supply electricity to the petitioner, under its statutory obligation under the indian electricity act 1910, .electricity supply act, 1948 and rules and regulations framed thereunder. therefore, according to him, his client is, ready, agreeable and prepared .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All309
..... above observation of the privy council was quoted with approval by the supreme court in mysore state electricity board v. bangalore w. c. and s. mills, : air1963sc1128 . the supreme court interpreted section 49 of the electricity (supply) act, 1948 and observed that even though under the said section the electricity board was required to fix tariff 'having regard to the nature and geographical position of the ..... supply and the purpose for which it is required' a consumer of electricity was not entitled to raise a dilute against the board on the .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)34CTR(All)62; [1984]145ITR598(All)
..... any asset outside india : 22. provided that this clause shall not apply where the assessee is a company, being a licensee within the meaning of the electricity (supply) act, 1948 (liv of 1948), or where the ship has been acquired or the machinery or plant has been installed before the 1st day of january, 1958 : 23. provided further that ..... : [1980]122itr919(all) , and was dissented from. sri markandey katju, learned advocate for the department, repeatedly referred to section 34, sub-clause (3)(a) of the act, which is worded as below : '34. (3)(a) conditions for depreciation allowance and development rebate.--the deduction referred to in section 33 shall not be allowed unless an ..... accounting year relevant to the assessment year 1969-70. he held that the ito should have complied with the provisions of section 155(5) of the act for withdrawing the development rebate in respect of the assessment year 1968-69. the assessee was entitled to development rebate which could have been withdrawn by the .....
Tag this Judgment!Court : Allahabad
Reported in : (1977)IILLJ429All
..... in all ether matters by the rules and regulations of the board.in exercise of the power conferred on it by section 79(c) of the electricity (supply) act, 1948, the board framed a regulation fixing the age of superannuation of its employees of the class of the appellants at 58 years. the state government ..... on the purchase of the undertaking by the board or on framing of the regulations under section 79(c) of the electricity (supply) act, 1948.3. section 13b of the industrial employment (standing orders) act, 1946, applies only to the industrial establishments of the government and to no other establishments.23. our opinion along with ..... on the purchase of the undertaking by the board or on the framing of regulations under section 79(e) of the electricity (supply) act 1948?3. whether section 13b of the industrial employment (standing orders) act, 1946, applies only to industrial establishments of the government and also to other industrial establishments?in pursuance of the aforesaid .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)ARBLR544(All); 2007(2)AWC1726
..... to 43, 44, 45 to 54, 56 to 69, 72, 75 and 76 to 83 of the electricity (supply) act, 1948, to the extent this act has made specific provisions, the provisions of the electricity (supply) act, 1948 shall not apply in the state.(vii) the provisions of all other sections of the electricity (supply) act, 1948 shall apply except that:(a) the terms ''licence', or 'licensee' shall have the meaning as defined ..... under this act and the licences issued under the said act of 1948 shall be construed as having been issued under this act;(b) the reference to the sections of the indian electricity act, 1910 and electricity (supply) act, 1948 in the provisions of the electricity (supply) act, 1948 shall be taken as .....
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