Court : Orissa
..... the tribunal is an expert body and determination of tariff made by the commission involves a very highly technical procedure requiring 13 knowledge of law, engineering, finance, commerce, economics and management which can be effectively adjudicated by the tribunal for electricity.16. state the hon ble supreme court in the case of ..... v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, .....
Tag this Judgment!Court : Orissa
..... the tribunal is an expert body and determination of tariff made by the commission involves a very highly technical procedure requiring 13 knowledge of law, engineering, finance, commerce, economics and management which can be effectively adjudicated by the tribunal for electricity.16. state the hon ble supreme court in the case of ..... v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, .....
Tag this Judgment!Court : Orissa
..... to, and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 [the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989].. 15. it may be seen from the ..... that co-operative banks are not banking companies and they having been brought under the purview of the sarfaesi act by the central government s notification dated 28.1.2003 published by the ministry of finance and company affairs in the gazette of india (extraordinary) in exercise of power conferred under section 2(1 ..... operative bank having been included within the definition of bank occurring in section 2(1)(c) of the sarfaesi act as per central government s notification dated 28.01.2003 by the ministry of finance and company affairs published in the gazette of india (extraordinary), the co-operative bank can take action under .....
Tag this Judgment!Court : Orissa
..... to, and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 [the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989].. 15. it may be seen from the ..... that co-operative banks are not banking companies and they having been brought under the purview of the sarfaesi act by the central government s notification dated 28.1.2003 published by the ministry of finance and company affairs in the gazette of india (extraordinary) in exercise of power conferred under section 2(1 ..... operative bank having been included within the definition of bank occurring in section 2(1)(c) of the sarfaesi act as per central government s notification dated 28.01.2003 by the ministry of finance and company affairs published in the gazette of india (extraordinary), the co-operative bank can take action under .....
Tag this Judgment!Court : Orissa
..... to, and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 [the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989].. 15. it may be seen from the ..... that co-operative banks are not banking companies and they having been brought under the purview of the sarfaesi act by the central government s notification dated 28.1.2003 published by the ministry of finance and company affairs in the gazette of india (extraordinary) in exercise of power conferred under section 2(1 ..... operative bank having been included within the definition of bank occurring in section 2(1)(c) of the sarfaesi act as per central government s notification dated 28.01.2003 by the ministry of finance and company affairs published in the gazette of india (extraordinary), the co-operative bank can take action under .....
Tag this Judgment!Court : Orissa
..... in such a manner that the same would no.have any conflict/collision with the preamble of 2007 act. placing reliance upon the judgment of the hon ble supreme court in the case of reserve bank of india vs. peerless general finance and investment co. ltd., air 1987 sc 1023, it was submitted that interpretation depends on the test ..... and context. a statute would best interprete when the interpreter knows why it was enacted. neither any part of a statute no.any word thereof can be construed in isolation. the ojee has been constituted under 2007 act to ..... the legislature.... .21. it may be relevant to refer here the decision of the hon ble supreme court in the case of reserve bank of india vs. peerless general finance and investment co. ltd. (supra), wherein it has been held as under: 33. interpretation must depend on the text and the context. they are the bases of interpretation .....
Tag this Judgment!Court : Orissa
..... . interest is mandatory on the short payment, late payment of service tax. besides, no appeal lies against levy of interest. levy of interest is mandatory under section 75 of the finance act and there is no question of 4 limitation for levy of interest as st-3 returns were assessed and the service tax liability has already been met.4. undisputedly, in .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori161; 2008(4)ARBLR563(Orissa)
..... of delay, learned counsel for the opposite parties have referred to the judgment of the supreme court in the case of datar switchgears ltd. v. tata finance ltd. and anr. reported in : (2000)8scc151 .12. learned counsel submitted that a proper perusal of the ratio in datar switchgears ltd., would show that ..... certain proceedings were initiated before the company law board, kolkata bench by the opposite parties under sections 397, 398, 399, 408 and 111 of the companies act, 1956 against the petitioners seeking various reliefs and in the said company proceeding, the present petitioners have also filed their affidavit in opposition and reply to ..... . further, you have also raised disputes over the clauses of the share transfer agreement, and dispute resolution can only be resolved by arbitration under the arbitration and conciliation act, 1996 in an arbitration tribunal. my client has now appointed and intimates you the name of mr. madhab ch. panda, senior advocate, sambalpur, at p.o. .....
Tag this Judgment!Court : Orissa
..... the tribunal is an expert body and determination of tariff made by the commission involves a very highly technical procedure requiring 13 knowledge of law, engineering, finance, commerce, economics and management which can be effectively adjudicated by the tribunal for electricity.16. state the hon ble supreme court in the case of ..... v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, .....
Tag this Judgment!Court : Orissa
..... the tribunal is an expert body and determination of tariff made by the commission involves a very highly technical procedure requiring 13 knowledge of law, engineering, finance, commerce, economics and management which can be effectively adjudicated by the tribunal for electricity.16. state the hon ble supreme court in the case of ..... v. central electricity regulatory commission and others, air 201.sc 2061.held as under : 11. the brief analysis of the scheme of the electricity act shows that it is a self-contained comprehensive legislation, which not only regulates generation, transmission and distribution of electricity by public bodies and encourages public sector ..... is good enough incentive. the appellate tribunal for electricity has no jurisdiction to deal with and determine these issues as it is a creature of the electricity act, 2003. therefore, the petitioners invoke the extraordinary jurisdiction of this court under articles 226 & 227 of the constitution of india.5. mr. patnaik, .....
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