Court : Supreme Court of India
Decided on : Dec-03-2014
..... any area, the nature of supply and the purpose for which the supply is required. (4) no tariff or part of any tariff may ordinarily be amended more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be ..... may be specified in respect of generation, transmission and distribution for determination of tariff. (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during ..... before the commission providing a new scheme compatible with legal framework along with a directive from the state government issued under section 108 of the electricity act, 2008. the scheme as proposed in the affidavit states that despite the aforesaid order, the normal billing as per applicable tariff shall be made but .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-03-2014
..... any area, the nature of supply and the purpose for which the supply is required. (4) no tariff or part of any tariff may ordinarily be amended more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be ..... may be specified in respect of generation, transmission and distribution for determination of tariff. (3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during ..... before the commission providing a new scheme compatible with legal framework along with a directive from the state government issued under section 108 of the electricity act, 2008. the scheme as proposed in the affidavit states that despite the aforesaid order, the normal billing as per applicable tariff shall be made but .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2014
..... to think so as section 285 uses the term "cart-stand" and by way of amendment, it has been specified that a cart- stand would be 'stand' for a carriage including motor vehicles within the meaning of 1939 act. the proviso to section 285-a also uses the phraseology "stand" solely for the ..... is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to take upon itself the task of amending or alternating (sic altering) the statutory provisions. wherever the language is clear the intention of the legislature is to be gathered from the language used. ..... we have modified the same direction as per our direction and the corporation shall follow the directions which are stated hereinabove. we expect the corporation to act in quite promptitude and become more vigilant, for it protects the collective interest. ........................................j.[dipak misra]. .........................................j.[uday umesh lalit]. new delhi december12 2014. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-2014
..... felt to introduce a special legislation with a view to eradicate the evil of bribery and corruption from the society. consequently, the prevention of corruption act, 1947 was enacted, which was amended in the year 1964, based on the recommendations of the santhanam committee. parliament still felt that the anti-corruption laws should be made more effective, ..... with by the high court.20. we may, before examining the rival contentions raised by the parties, deal with the objects and reasons for enacting the pc act. the indian penal code has provided for punishment for the offence of bribery and corruption even against the public servants. parliament, in its wisdom, noticed that the penal ..... are arrayed as co-accused and some offences are under the pc act coupled with other offences under ipc, on death of a public servant, the offences under the pc act cannot be proceeded with and the trial court has to modify and/or alter and/or amend the charges. bombay high court has taken the view that once .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-04-2014
..... been examined-in- chief, an error committed by the trial court. in sukhwant singh v. state of punjab (1995) 3 scc367 this court held that after amendment of crpc, tendering of witness for cross examination is not permissible. under the old code, such tendering of witnesses was permissible, while the committing magistrate used to record ..... us court held that a convicted defendant alleging ineffective assistance of counsel must show not only that counsel was not functioning as the counsel guaranteed by the sixth amendment so as to provide reasonable effective assistance, but also that counsel s errors were so serious as to deprive the defendant of a fair trial. court held ..... with the investigation.3. pw20, on completion of the investigation, filed a charge-sheet under sections 148/149/302/326/307/436 ipc read with section 34 ipc and 27(3) of the arms act, 1959 read with section 34 ipc against 11 persons, including (1) rabi deb barma, (2) gandhi deb barma, (3) mantu deb barma, (4) sambhuram .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-14-2014
..... singh s case and to validate the demand of enhanced rate of extension fee purportedly framed the rules called punjab regional and town planning and development (general) second amendment rules, 2001 (in short 2001 rules ) giving retrospective effect.6. the respondent moved a writ petition being c.w.p. no.7934 of 2004 praying inter ..... .15. the allotment is subject to the provision of the punjab urban estates (development & regulation) act, 1964 and rules and policy framed thereunder as amended from time to time and you shall have to accept and abide by the provision of the act/ rules/ policy. 10. further, it is clear that the allotment of the plot was subject ..... to the provisions contained in the 1964 act. section 10 of the act envisages provision for resumption and forfeiture .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-2014
..... without any order as to costs. we however direct that the university-respondent shall take necessary steps for constituting the selection board in terms of section 58 of the act as amended by maharashtra act no.xxxii of 2013 and advertise the vacancies currently available, together with the posts that are presently held by the appellants for recruitment in accordance with the procedure ..... and the date on which their services were terminated?. we shall deal with the question ad seriatim. reg. question no.1 13. maharashtra agricultural universities (krishi vidyapeeths) act, 1983 was enacted to consolidate and amend the law relating to the agricultural universities in the state of maharashtra. the legislation provides for better governance, more efficient administration and financial control of the universities .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-2014
..... decision, as per the specific authorization in that regard.17. the situation can be viewed from another angle as well. section 21 of the general clauses act, 1897 provides that power to issue would include power to add, amend, vary or rescind. the provision reads as follows: 21. power to issue, to include power to add to ..... , amend, vary or rescind notifications, orders, rules or bye-laws.-where, by any central act or regulations a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and ..... subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2014
..... case of the appellant that the national commission has exercised its power beyond the scope of section 30a of the act while enacting regulation 15, which in its present form defeats the objective of the amended section 22 of the act as the right of making oral arguments is taken away from the consumer, making the regulation inconsistent with the ..... of the appellant, drew our attention to the statement of objects and reasons of the said act which is to provide for better protection of interest of consumers and it is towards that objective that section 22 of the said act was amended by act no.62 of 2002 with effect from march 15, 2003, conferring the power of review on ..... the national commission, which was not available in the original act. according to him, regulation 15 is ultra vires section 22 of the said .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2014
..... in article 21a of the constitution would not include private unaided educational institutions or private individuals.33. mr. nariman submitted that before the constitution (eighty-sixth amendment) act, 2002, article 45 provided that the state shall endeavour to provide, within a period of ten years from the commencement of the constitution, for free ..... contention, in our considered opinion, is not founded on the experience of educational institutions in india. educational institutions in india such as kendriya vidyalayas, indian institute of technology, all india institute of medical sciences and government medical colleges admit students in seats reserved for backward classes of citizens and for the ..... with articles 15 to 28 emphasis this aspect and indicates that the concept of secularism embodied in the constitutional scheme is a creed adopted by the indian people. hence, secularism is no doubt a basic feature of the constitution, but we fail to appreciate how clause (5) of article 15 of .....
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