Court : Jammu and Kashmir
Reported in : 2008(3)JKJ464
..... of tariff, and in doing so, shall be guided by the following, namely:(a) the principles and their applications provided in sections 41, 52 and 53 of the jammu and kashmir electricity (supply) act, 1971 and the sixth schedule thereto;(b) in the case of the board or its successor entities, the principles under section 56 of the jammu and kashmir electricity (supply) act, 1971;(c) that the tariff progressively reflects the cost of supply of electricity at an adequate and improving level of efficiency;(d) the factors which would encourage efficiency, economical use of the ..... it was contended that aforesaid jammu and kashmir electricity supply act has since been repealed and, therefore, any reliance made on these provisions by the regulatory commission would make the tariff order perverse.92. ..... by the doctrine of incorporation, the provisions of supply act have become part and parcel of regulatory commission act. ..... that apart, on a reading of the 1998 act vis-a-vis the 1948 act with reference to schedule vi, or with special reference to sections 57 and 57-a of the 1948 act, it is seen that sections 22 and 29 of the 1998 act are special laws and the 1948 act is only a general law in regard to determination of tariff. ..... first of all the non obstante clause in schedule vi to the 1948 act refers only to the provisions of the indian electricity act, 1910. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2002J& K119,2003(1)ARBLR191(J& K)
..... on carefully going through both the judgments of the supreme court and the bombay high court and the scheme of the electricity supply act, 1971 as also the electricity supply act, 1948 (central act), i am also of the view that the expression 'other person' occurring in section 72 of the electricity supply act, 1971 means a person supplying electricity for public or private purposes or generating electricity for his own use. ..... shah referred to some of the provisions of the electricity (supply) act of 1948 and also some of the provisions of the electricity (supply) act of 1971 to impress upon that all the disputes arising between the state government and the consumers are to be determined by arbitrator to be appointed by the government as provided under section 72 of the electricity (supply) act, 1971. 11. ..... in order to appreciate the contention of the learned counsel for the respondents that, if the definition of the 'board' and 'licensee' appearing in section 2 read with sections 71 and 72 of the electricity (supply) act, 1971 are read together, it would be clear that the disputes arising between the consumers and the board or the government or the licensee are not covered under section 72 of the electricity (supply) act, 1971, it would be appropriate to quote hereinbelow sections 71 and 72 of the electricity (supply) act, 1971. ..... some of the relevant conditions, as incorporated in the aforesaid sanction order, are quoted hereunder :-- '4. .....
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