Judgment Search Results Home > Cases Phrase: financial non viability Page 6 of about 1,994 results (0.016 seconds)

Bari Brahmana Industries Asso and anr. Vs. Power Development Deptt., a ...

Court : Jammu and Kashmir

Reported in : 2008(3)JKJ464

..... , power purchase and procurement costs; employees costs, and major aspects of inefficiency of operation, high level transmission and distribution losses, high level collection efficiency and non recovery of the bills from the government departments and government bodies and other such like matters could become the subject matter of deep appreciation for this court while ..... , the commission has specifically observed that tariff has not been increased for the last 9 years, and as such the determination of tariff is a necessity to promote the financial viability of the utility. ..... and procurement costs; employees costs and major aspects of inefficiency of operation, high level of transmission and distribution losses, high level collection efficiency and non-recovery of bills from government departments and government bodies as this has ultimately effect on determining the tariff. ..... is found in the act of 1948, the legislature could not have contemplated a subsequent enactment containing a non obstante clause coming into force, nor does it say that this non obstante clause applies to or is in preference to all other enactments including future enactments. ..... cost plus approach for determination of tariff and intended to shift to the performance based regulation approach in times to come and expressed in plain terms that no cost would be approved, which is the outcome of non-achievement of approved performance targets, such as reduction in t&d; losses, improvement in collection efficiency.113. .....

Rahuri Sahakari Sakhar Karkhana Ltd. and anr. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 1987(1)BomCR168

..... , depend on the state government notifying the zones for drawal of sugarcane by the new factories;and whereas it is apprehended that in the event of non-availability of sugarcane to meet the requirements of the sugar factories in the state, the economic viability of large number of sugar factories is likely to be adversely affected, resulting in serious financial crises and socio/economic problems, among others such as---(i) the factories may incur heavy losses;(ii) the factories may not pay the ..... and institutions directly dependent on the factories will suffer from serious economic consequences;and whereas the government of maharashtra is of the opinion that for avoiding the aforesaid apprehended financial crisis and socio/economic problems and also for fulfilling the condition stipulated by the government of india for converting letters of intent of new sugar factories, it has become expedient, in the public interest, to make an order ..... sugarcane;(iii) the sugarcane grower may suffer serious economic consequences;(iv) the employees of the factories may not get their salaries and wages;(v) the factories may not discharge their liabilities towards various financial institutions and other creditors;(vi) the factories may not discharge their tax liabilities towards government;(vii) the seasonal employment of large section of population in rural areas may be adversely affected;(viii) a large section of population .....

Murthy Match Works and ors. Vs. the Asstt. Collector of Central Excise ...

Court : Supreme Court of India

Reported in : AIR1974SC497; 1978(2)ELT429(SC); (1974)4SCC428; [1974]3SCR121

..... 4.30 _______________________________________________________________________ provided that-(1) matches referred to in category 2 and cleared for home consumption during the financial year from a factory from which the total clearance of matches during that year is not, as per declaration made by the manufacturer under this notification, estimated to exceed 75 million matches, shall be allowed to be cleared at the ..... in the present context, it is worth taking note of the that the credit for an expanding market for matches produced in the non-mechanised sector is attributable largely to the sales endeavours of factories which had grown to be b' class units that had necessary resources for the purpose and were able the maintain quality.in contrast to the 'b' ..... doubt that in the past among the non-mechanised manufacturers of matches a further classification based on viability had been made. ..... of boxes of 50 matches each; and if the clearance in such factory exceeds 100 million matches during the financial year, the manufacturer shall be required to pay at the rate of rs. ..... in this class who have no tradition, functions mostly with meagre financial resources and have no comparable advantage. ..... it is also true that the financial resources, the capacity to command a market on their own without depending on ..... of boxes of 50 matches each, on the entire quantity cleared during the financial year....7. ..... selling adopted by these manufacturers varied according to their status and financial resources. .....

Airport Authority Of India Vs. Centre For Aviation Policy, Safety And ...

Court : Supreme Court of India

..... is submitted that clustering of small airports of different sizes, different capacity to handle aircrafts, different financial viabilities, different locations into regions etc. ..... nataraj, learned asg that the original writ petitioner claims to be a non-profit organisation carrying out independent research, advisory and advocacy in the field of civil ..... the above decisions, the following principles emerge: (a) the basic requirement of article 14 is fairness in action by the state, and non-arbitrariness in essence and substance is the heartbeat of fair play. ..... is submitted that in the present case the aai artificially introduced differentiation in technical eligibility criteria, specifying experience in providing ghs to scheduled airlines flights only 10 even there is no differentiation between ghs provided to non-scheduled or scheduled airlines in the aai (ghs) regulations, 2018. ..... that participating bidders are entitled to is a fair, equal and non-discriminatory treatment in the matter of evaluation of their tenders. ..... 11 at the outset, it is required to be noted that respondent no.1 claiming to be a non-profit organisation carrying out research, advisory and advocacy in the field of civil aviation had filed a writ petition challenging the tender conditions in the respective ..... was also the case on behalf of the aai that considering the importance of experience in ghs for scheduled aircrafts given the nature of work involved in scheduled 3 flights are wider than non-scheduled flights. .....

Tarini Infrastructure Limited Vs. Gujarat Urja Vikas Nigam Ltd. Though ...

Court : Appellate Tribunal for Electricity APTEL

..... india in order to meet its objectives under the national electricity policy have laid down certain aims and objectives which include financial turn around and commercial viability of electricity sector as also protection of consumers interest. ..... the question is the question of jurisdiction namely whether a power purchase agreement based on a generic tariff order which is again based on some non-statutory mnre guidelines has to be regarded as valid and lawful for all time to come and in perpetually even after the enactment of the act, ..... the question that has surfaced is whether the commission has a legal mandate to promote non-conventional energy projects by giving tariff in accordance with the law and whether the law recognizes determination of generic tariff because it has been repeatedly argued not without un -justification that tariff should be determined on ..... in this decision, there has been made a reference to national electricity policy pertaining to non-conventional sources of energy that provides that adequate promotional measures will have to be taken for development of technologies and a sustained growth of the ..... agreements can be re-opened only for the purpose of giving thrust to non-conventional energy projects and not for curtailing the incentive. 30. ..... appellant replied on 24.3.2010 to the effect that liquidated damages should be waived because of unforeseen circumstances namely, non-existence of transmission facility and further requested to revise the tariff at rs. .....

Cawnpore Sugar Works Ltd. Vs. Appellate Authority for Industrial and F ...

Court : Delhi

Reported in : [2006]129CompCas778(Delhi); 123(2005)DLT333

..... it was in this background the present rehabilitation proposal was considered and after evaluation of the proposal, financial institutions, bankers and other parties came to the conclusion that the proposal of jsl was more acceptable and in the best interest of the ..... it not only affects the workers, the cane growers, financial institutions, banks but also does not help in revival ..... of the learned counsel for the petitioner that non-fixation of reserved price vitiates the scheme has to be judged keeping in view the larger interest of cane-growers, workers and financial institutions. ..... february, 1993 bifr had appointed ifci as the operating agency under section 17(3) of the act to examine the viability of the company and submit the report. ..... (jsl);ii) one time settlement (ots) of dues of financial institutions (payment of only 50% of principal outstanding towards full and final settlement of fi's dues within 6 months from sanction of the scheme by bifr);iii) scrapping the existing sugar and distillery unit at marhowrah and setting ..... all financial institutions were agreeable to the terms of the draft rehabilitation scheme, in the meantime jsl had ..... the sanctioned scheme could not be implemented due to non-infusion of the required fund by m/s gangotri enterprises ..... for the revival of the padrauna and marhowrah units when in actuality on the bare perusal of the terms of the sanctioned scheme, it is evident that the scheme entails the settlement of the dues of banks/financial institutions at rs. .....

M/S. Murthy Match Works, Etc. Etc. Vs. the Assistant Collector of Cent ...

Court : Supreme Court of India

Reported in : (1974)3CTR(SC)91

..... the point of view of manufacturing techniques, the safety match industry in our country comprises two distinct categories - the mechanised sector occupied by a few big whales and non-mechanised sector comprising varying sizes of production units ranging from the small fry organised on a cottage industry basis to considerable producers who have developed manufacturing and marketing muscles ..... 4.30 provided that :(1) matches referred to in category 2 and cleared for home consumption during the financial year from a factory from which the total clearance of matches during that year is not, as per declaration made by the manufacturer under this notification, estimated to exceed 75 million matches shall be allowed to ..... past among the non-mechanised manufacturers of matches a further classification vased on viability had been made. ..... each; and if the clearance an such factory exceeds 100 million matches during the financial year, the manufacturer shall be requires to pay at the rate of rs. ..... units and still operate under the protecting wing of the sponsor (see paragraph 11), the new-comers in this class who have no tradition, functions mostly with meagre financial resources and have no comparable advantage. ..... it is also true that the financial resources, the capacity to command a market on their own without depending on intermediaries, etc, marked ..... each, on the entire quantity cleared during the financial year ....'7. ..... manufacturers varied according to their status and financial resources. .....

The Rahuri Sahakari Sakhar Karkhana Ltd. and anr. Vs. State of Maharas ...

Court : Mumbai

Reported in : AIR1987Bom248; (1987)1BOMLR168

..... viability of large number of sugar ractories is likely tobe adversely affected, resulting inserious financial crises and socio-economic problems among others, such as- the factories mayincur heavy losses; the factories may not pay theminimum statutory prices for the sugarcane; the sugarcane grower may suffer serious econmic consequences: the factories may not discharge their liabilities towards various financial ..... growers from the area sreserved for particular factory declintg tosupply cane to thesaid factory onaccount of any of thefollowing reasons if found justified by the permit officer;-- non-payment or late payment of cane price by the sugar factory or non-fulfilement of any of the oblifations by the sugar factory arising out of agreement between the cane grower or cane growers and the sugar factory; orthe order ..... of the supreme court instate of maharashtra v, basantibai mohanlal khetan : [1986]1scr707 ( it was rightly contended by shri singhavi and the view of the scarcity of non- availability of sugarcane for securing theequitable distribution and supply of sugarcane the impugned order came to be issued by the state government the ultimate object of the order is ..... factories would naturally try to attract thesugarcane growers tosupplycane to them at least at theprice onwhich they obtain sugarcane form therei memebrs inany case, the non-members, while entering into the contraact can expressly lay down a condition in the contract that the will be paid the same price as paid .....

Sesa Sterlite Limited Vs. Odisha Electricity Regulatory and Another

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

..... according to the applicant/ appellant, they will not able to sustain their operations as non-payment had adversely affected the financial and operational viability of their company. ..... we feel that in this case the balance of convenience lies in favour of the applicant/appellant in view of the cash crunch being faced by them due to non-payment of the current dues and if current payments are not released then it may affect the generation. 12. ..... the applicant/appellant will revise the bills for the fys 2010-11 to 2013-14, reworking the capacity charges based on the plant availability factor determined by the sldc and energy charges for respective financial years determined in the impugned order. .....

Air India CabIn Crew Association and Others Vs. Air India

Court : Mumbai

Reported in : (1981)IILLJ306Bom

..... 7 and 9 of the air corporations act enjoining upon the respondent to carry out its functions and duties on economical lines and business principles, implicit wherein would be the concept inter alia of financial viability. ..... it requires that the state action and must not be arbitrary but must be based on some rational and relevant principle which is non-discriminatory : it must not be guided by any extraneous or irrelevant consideration, because that would be denial of equality. ..... 1 herein had offered the same spirit of delay and non-co-operation to the respondent when, in the year 1974, the respondent sought to effect a change in the flight pattern, i.e. ..... the principle of reasonableness and rationality which is legal as well as philosophically an essential element of equality or non-arbitrariness is projected by art. ..... the state cannot, therefore, act arbitrarily in entering into otherwise with a third party, but its action must conform to some standard or more which is rational and non-discriminatory. .....