Judgment Search Results Home > Cases Phrase: electricity supply act 1948 repealed section 12 incorporation of board Page 9 of about 655 results (0.072 seconds)

The Tamil Nadu Water Supply and Drainage Board and anr. Vs. M.D. Vijay ...

Court : Chennai

Reported in : (1991)ILLJ260Mad; (1991)IIMLJ496

..... it is obvious that parliament did not have before it the standing orders act when it passed the electricity supply act and parliament never meant that the standing orders act should stand protanto repealed by s. ..... however, the learned single judge held that the respondent-board is an industry within the meaning of section 2(j) of the industrial disputes act and it is an industrial establishment within the meaning of section 2(e)(i) of the act of 1946 and, therefore, by virtue of section 12-a of the act of 1946, the prescribed model standing orders alone shall apply to the respondent-board and the respondents' regulations would not prevail over the model standing order. ..... the learned single judge also rightly held that the respondent-board is an 'industrial establishment' within the meaning of section 2(e)(i) of the act of 1946, that the regulations framed by the respondent-board in exercise of the powers under section 73 of the act iv of 1971 will not be applicable to the workmen governed by the act of 1946 and that the disciplinary action taken by the respondent-board against the workmen based on the regulations have to be struck down. 8. ..... state electricity board with regard to any of those matters are of no effect unless such regulations are either notified by the government under section 13-b of the standing orders act or certified by the certifying officer under section 5 of the standing orders act. .....

Madura Coats Ltd. Rep. by Its Vice President, Legal and Company Secret ...

Court : Chennai

Reported in : 2009LC(MAD)837; (2009)8MLJ1320

..... it is to be seen that terms and conditions of supply of electricity by the electricity board was framed in exercise of powers conferred under section 49 of the electricity (supply) act 1948. ..... board reported in : air 1983 sc 1296, which held that section 49 of the electricity (supply) act 1948 provided ample power to change or alter the conditions.15. ..... the said amendment was made in exercise of powers conferred under section 49 of electricity (supply) act 1948, (central act liv 1948 read with section 79(j) of the act. ..... section 79 of the electricity supply act, 1948 reads as follows:79. ..... accepting tenders;(h) principles governing the fixing of grid tariffs;(i) principles governing the making of arrangements with licenses under section 47;(j) principles governing the supply of electricity by the board to persons other than licensees under section 49;(jj) expending sum not included in statement submitted under sub-section (1) of section 61, under sub-section (2) of section 62;(k) any other matter arising out of the board's functions under this act for which it is necessary or expedient to make regulations:provided that the regulations under clauses (a),(d) and (jj) shall be made only ..... 1,95,92,00,000/- and in view of that only the board decided to repeal the condition providing payment of interest on current consumption deposit. ..... 10,95,92,00,000/- and in view of heavy loss it was decided to repeal the conditions which provided for payment of interest on current consumption deposit. .....

M/S. Sawadeshi Udyog, Khajuri Road, Yamuna Nagar and Others Vs. Uttar ...

Court : Punjab and Haryana

..... (repeal and saving): --- (1) save as otherwise provided in this act, the indian electricity act, 1910, the electricity (supply) act,1948 and the electricity regulatory commissions act, 1998 are hereby repealed. ..... commission): --- (1) every state government shall, within six months from the appointed date, by notification, constitute for the purposes of this act, a commission for the state to be known as the (name of the state) electricity regulatory commission: provided that the state electricity regulatory commission, established by a state government under section 17 of the electricity regulatory commissions act, 1998 and the enactments specified in the schedule, and functioning as such immediately before the appointed date, shall be the state ..... (d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 shall continue to have effect until such rules are rescinded or modified, as the case may be; (e) all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were issued by the state government. ..... (c) the indian electricity rules, 1956 made under section 37 of the indian electricity act, 1910 as it stood before such repeal shall continue to be in force till the regulations under section 53 of this act are made. .....

The State of Rajasthan Vs. the Associated Store Industries Kota Ltd. a ...

Court : Rajasthan

Reported in : 1970WLN398

..... clause 3 (1) of this ordinance provided for the continuance of the existing laws and it ran as follows:all the laws in force in any covenanting state immediately before the commencement of the ordinance in that state shall, altered of repealed or amended by a competent legislature or other competent authority, continue in force in that state subjects to the modification that any reference therein to the ruler or government of that state shall be construed as a reference to the rajpramukh, or as the case may be, to ..... we have found it necessary to refer to the case of bundi electric supply co. ..... ilr 30 cal 36 it was held as follows:we propose to deal first with the objections of the defendants relating to the notice under section 424 of the code of civil procedure and section 52 of act i of 1964 it is contended by the learned advocate-general that, although a notice of action had been given to the secretary of state as provided for under the section of the civil procedure code in respect of the allegations contained in the original plaint, the secretary of state is entitled to a further ..... 1,50,000/- to the state as royalty in accordance with the finding of the learned district judge incorporated in his decree. ..... on 28th april 1948 the united state of rajasthan administration ordinance no ..... 1 of 1948 was issued by the ..... as we have pointed out above bundi state like kota state integrated along with some seven other states to form the first united state of rajasthan on 25th march 1948. .....

Vidyut Upbhokta Association Society and anr. Vs. Union of India (Uoi) ...

Court : Madhya Pradesh

Reported in : 2006(1)MPHT379; 2005(4)MPLJ397

..... this act, the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed. ..... act') are ultravires as these sections are inconsistent with sections 84 and 85 of the indian electricity act, 2003 (for short 'the central act' or 'electricity act') and therefore, stood repealed under section 185 of the electricity act ..... selecting the members of the commission, constitute a selection committee consisting of- (a) the chief secretary of the state - chairman;(b) the chairman of the central electricity authority or in his absence a member nominated by the chairman of the central electricity authority - member;(c) the managing director of a public financial institution as set out in sub-section (1) of section 4a of the companies act, 1956 (1 of 1956) or the managing director of an undertaking owned or controlled by the government of india engaged in the business ..... every state government shall, within six months from the appointed date, by notification, constitute for the purposes of this act, a commission for the state to be known as the (name of the state) electricity regulatory commission : provided that the state electricity regulatory commission, established by a state government under section 17 of the electricity regulatory commissions act, 1988 (14 of 1998) and the enactments specified in the schedule, and functioning as such immediately before the appointed ..... incorporation .....

Ajay Kumar Ghosh Vs. West Bengal State Electricity Board and ors.

Court : Kolkata

Reported in : 2006(1)CHN536

..... in my view, on the basis of provisions of section 185 of the electricity act, 2003, it cannot be said that conditions of supply made by board under the electricity (supply) act, 1948, since repealed, have been saved. ..... there is also no reason to accept the petitioner's contention that in the absence of any method or procedure prescribed by the competent authority, for assessment of the charges in proceedings under section 126, provisions made in the general conditions of supply under section 49 of the electricity (supply) act, 1948 would apply.6. ..... advocate for the petitioner has argued that provisions made in para 6 of the west bengal electricity regulatory commission (electricity supply code) regulations, 2004 would be applicable to the proceedings initialed under section 126, advocate for state regulatory commission submits, and in my view quite rightly, that provisions of para 6 would have no manner of application to the assessment proceedings initiated under section 126.4. ..... i agree with advocates for the state regulatory commission and the board that with the repeal of that 1948 act there is no scope to say that conditions of supply framed under provisions thereof would still remain in force. ..... for the petitioner, the state regulatory commission, and the board are at one that no provision of the act empowered the board to prescribe any procedure to be followed by the assessing officer in the assessment proceedings initiated under section 126 of the electricity act, 2003.3. .....

Tenughat Vidyut Nigam Ltd. Vs. Union of India (Uoi) and ors.

Court : Patna

..... jha submits that the electric (supply) act, 1948 has been repealed with effect from 10.6.2003 and as such same has no bearing on the decision of ..... illj399sc and my attention has been drawn to the following passage from paragraph 36 of the judgment, which reads as follows :--'36...the expression 'other authorities' in article 12 has been held by this court in the rajasthan electricity board case to wide enough to include within it every authority created by a statute and functioning within the territory of india, or under the control of the government of india. ..... jha points out that section 47 of the act is in part vi of the act andsection 41(1) thereof which is also in part vi of the act, clearly contemplates thatpart vi shall apply in relation to the apportionment of the assets and liabilities ofthe erstwhile state of bihar before the appointed date and the petitioner being acorporate body from the date of its incorporation as envisaged under section 34of the companies act is the owner of the ..... order dated 24.5.2001 (annexure-5) of the government of jharkhand in its energy department whereby in exercise of power under article 49(1)(b)(d) and (e) of the articles of association and in supersession of all the earlier orders, it had constituted the board of directors of the tenughat vidyut nigam ltd;(3) to quash the order dated 31st of october, 2002 (annexure-6) of the government of india whereby it had ordered that all the assets and liabilities relating to tenughat vidyut nigam .....

Dattaprasad Co-operative Housing Society Limited and ors. Vs. State of ...

Court : Karnataka

Reported in : ILR2004KAR1892; 2004(3)KarLJ310

..... the problem that arose there was as to whether the standing orders under the industrial employment (standing orders) act, 1946, prevailed 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. ..... hence, it is stated that the amendment of section 38, by incorporating the proviso has not created any fresh repugnancy as contended by the petitioners. ..... it is obvious that parliament did not have before it the standing orders act when it passed the electricity (supply) act and parliament never meant that the standing orders act should stand pro t repealed by section 79(c) of the electricity (supply) act. ..... of the conveyance deeds, namely transfer of shares creating title and interest upon the immovable property of the co-operative societies and therefore, the provisions contained in the central act was incorporated to the kcs act by incorporating the provisions of section 38 and further it is rightly stated by the respondents that having regard to the alleged misuse of the said provision of the act by the societies, there was heavy loss of revenue to the state government and therefore, it has considered it necessary .....

Sikar Kendriya Sahkari Bank Ltd. Vs. Prescribed Authority, Under the R ...

Court : Rajasthan

Reported in : 1992(1)WLC452; 1992(1)WLN500

..... 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. ..... we are clearly of the view that the provisions of the standing orders act must prevail over section 79(c) of the electricity supply act, in regard to matters to which the standing orders act applies.15. ..... it is obvious that parliament did not have before it the standing orders act when it passed the electricity (supply) act and parliament never meant that the standing order act should stand protante repealed by section 79(c) of the electricity supply act. ..... veera cruz (1884) 10 ac 59 at 68 as follows:now if anything be certain it is this, that where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so.14. .....

M/S. Lanco Kondapalli Power Limited, Hyderabad Vs. Andhra Pradesh Powe ...

Court : Appellate Tribunal for Electricity APTEL

..... as we have indicated in the discussions in the other appeal, these decisions would not apply in the present case which arose out of the 2003 act whereas those decisions cited by the respondents had dealt with the various provisions of the electricity act, 1910, electricity supply act, 1948 which have already been repealed. ..... only when gujarat urja case was pronounced on 13.3.2008 by honble supreme court clarifying the legal position that the disputes between the parties have to be settled only by the state commission under section 86 (1) of the electricity act, 2003 the high court disposed of the said arbitration proceedings in the light of the honble supreme court decision on 18.3.2009 giving the liberty to the appellant/petitioner to approach the state commission for the ..... bangalore woollen cotton and silk mills limited, air 1963 sc 1128 (mysore seb case) (b) punjab state electricity board v bassi cold storage, air 1994 sc ,page-2544 and (c) grid corporation of india v india charge chrome, (1998) air sc page-1761 in order to show that there is a doubt in good faith on the part of the appellant. 56. ..... mukherjee, appearing on behalf of the corporation, on instruction, had submitted before us that they shall constitute an arbitration board as soon as the respondent furnishes security in terms of clause 29 (d) of the contract and if any direction is given to the arbitration board to proceed from the stage the learned arbitrator had already reached, that would not be objected to. .....