Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Jan-03-2014
..... seeking for the directions to the haryana power, r-2 to purchase electricity at a tariff calculated in accordance with cerc regulations,2009 and enter into amendments to the psa to reflect the revised tariff in view of the force majeure events and requested the state commission to revise tariff under the psa ..... are no specific financial and operational norms in the state commissions regulations, the central commissions tariff regulations have to be considered. section 61 of the electricity act, 2003 provides that in determining the terms and conditions of tariff the state commission should be guided by the central commissions regulations. the relevant tariff ..... tariff regulations alone should apply. the ptc contended before the state commission that the tariff should be determined as per the provisions of the electricity act,2003 and regulations framed thereafter. even the terminated ppa provided for the applicability of the cerc tariff regulations. however, the state commission has applied .....
Tag this Judgment!Court : Kerala
Decided on : Jan-06-2014
..... appeal no.10/05 :2. : any damages, decree for recovery of damages could not have been allowed. it is also contended that section 34 of the act was omitted by indian divorce (amendment) act, 2001 w.e.f. 3/10/2001 and therefore, the decree could not have been passed on 21st of june, 2004 allowing recovery of damages.4. both ..... these contentions will have to be answered in the light of the provisions contained in section 34 of the act, as it stood prior to the amendment. this section ..... to a provision conferring substantive rights, unless it is clarified by the legislature itself that the amendment or omission will be retrospective, such amendment or omission is always prospective.8. in so far as this case is concerned, section 34 of the divorce act, which was omitted w.e.f. 3/10/2001, is not a procedural provision and .....
Tag this Judgment!Court : Chennai
Decided on : Jan-06-2014
..... by the director, department of tourism for renovation and beautification of manalpuram park at an estimated cost of rs.55,72,432/-, the state government had amended g.o. dated 13.1.1978 or otherwise relaxed the conditions embodied therein. the record also does not show that the department of tourism had furnished ..... operational for public policies raises important challenges that involve complex synergies and trade offs.' 22.treating the principle of sustainable development as a fundamental concept of indian law, it was opined: 'the development of the doctrine of sustainable development indeed is a welcome feature but while emphasizing the need of ecological impact, ..... .p.wilson, learned senior counsel appearing for the petitioner/nhai, would submit that, subsequent to the notification under section 3-a of the national highways act (in short 'act) in respect of the project concerning three districts viz., pudukottai, sivaganga and trichy, was issued between 17.07.2010 and 21.04.2011, none .....
Tag this Judgment!Court : Delhi
Decided on : Jan-06-2014
..... /2012 are that ajay kumar bhardwaj was working as an assistant fitter with dtc and on being convicted for offences punishable under section 420 ipc read with section 13 of the prevention & corruption act, 1988 was dismissed from service; inquiry being dispensed with on account of the conduct which led to his conviction. he was not successful ..... that at the most rule 11(1) can be treated as directory and not mandatory. she would also submit that an amendment has been effected to rule 11(1) of the rules on november 30, 2011. the amended provision reads as under: 11.punishment on judicial conviction.(1) when a report is received from an official source, e. ..... (punishment & appeal) rules, 1980 prescribes principles on which penalties have to be inflicted. these penalties are the one which have been prescribed in section 21 of the act. rule 23 deals with appeals. it inter-alia stipulate that appeal shall lie against order of dismissal or removal from service, reduction in rank or pay, forfeiture of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-06-2014
..... /2012 are that ajay kumar bhardwaj was working as an assistant fitter with dtc and on being convicted for offences punishable under section 420 ipc read with section 13 of the prevention & corruption act, 1988 was dismissed from service; inquiry being dispensed with on account of the conduct which led to his conviction. he was not successful ..... that at the most rule 11(1) can be treated as directory and not mandatory. she would also submit that an amendment has been effected to rule 11(1) of the rules on november 30, 2011. the amended provision reads as under: 11.punishment on judicial conviction.(1) when a report is received from an official source, e. ..... (punishment & appeal) rules, 1980 prescribes principles on which penalties have to be inflicted. these penalties are the one which have been prescribed in section 21 of the act. rule 23 deals with appeals. it inter-alia stipulate that appeal shall lie against order of dismissal or removal from service, reduction in rank or pay, forfeiture of .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-06-2014
..... carried out and the other claim petition was left as it is, i.e. as the one filed under section 166 of the m.v. act, without carrying out amendment. 8. it is further significant to note the observation made by the tribunal at paragraph 9 of its judgment that, when the cases were posted for arguments, there was ..... 2. the claimants in both the claim petitions had filed the claim petitions originally under section 166 of the motor vehicles act, but, subsequently, by way of amendment, the same were converted into under section 163-a of the m.v. act. they contended that, when the deceased was travelling in his own tata sumo bearing registration no.ka-13/b-6363 ..... matter was taken up for consideration. further, he submitted that the tribunal ought not to have allowed the amendment applications filed for conversion of the claim petitions from section 166 of m.v. act to under section 163-a of the m.v. act and the same cannot be sustained. in fact, in the case on hand, the deceased had annual income .....
Tag this Judgment!Court : Delhi
Decided on : Jan-06-2014
..... and the indian legal system...............................................................................................25. ....................hence the plaintiff is entitled for the relief of anti-suit injunction as india is the forum of convenience..................26. in case, the defendant files any proceedings in singapore then liberty be given to the plaintiff to amend this suit to bring a specific prayer ..... it is, therefore, most respectfully prayed that this hon'ble a) restrain the defendant, her successors, assignees, her agents and any other who is acting on her behalf from proceeding in the divorce suit no.1364 of 2012/v titled as anu singh bhatia vs. ponty singh; b) the defendant be ..... marriage of the parties and in fact is the only court which can dissolve their marriage in accordance with the provisions of the hindu marriage act since the marriage was performed at delhi.16. after giving my thoughtful consideration to the entire submissions made from both the sides i have .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on : Jan-06-2014
..... the same issue. his prayer is that an identical order may be passed in this appeal also. 5. the learned authorized representative for the revenue submits that after the amendment of section 2(d), by adding explanation the said section reads asunder:- (d) excisable goods means goods specified in the first schedule and the second schedule to the central ..... in cce vs. oxygen equipment and engg co pvt ltd vs. cce-2002 (143) elt a82 (sc). similar view was held by the hon apex court in uoi vs. indian aluminum ltd vs. -1995 (77) elt 268 (sc).. further in the case of sludge there is no specific entry in the central excise tariff to charge excise duty on ..... excise tariff act, 1985 (5 of 1986)] as being subject to a duty of excise and includes salt; explanation. for the purposes of this clause, goods includes any article, material or .....
Tag this Judgment!Court : Kerala
Decided on : Jan-07-2014
..... that the prosecution is incompetent. learned counsel for the petitioner would argue that the learned magistrate could not have taken cognizance on a police report prior to the amendment of the electricity act, 2003 on 15-06-2007. learned counsel for the petitioner would contend that crl.m.c.no.4382 of 2011 2 the entire amount found to be ..... due from the petitioner as energy charges was paid. it is also found by the division bench that the amendment to section 151 of the electricity act is prospective in nature. following is the finding : " a perusal of the aforesaid provisions will clearly indicate that until 15/06/2007 with effect ..... effect from 15/06/2007 with the introduction of first proviso to section 151 crl.m.c.no.4382 of 2011 3 of the act. no body had entertained any doubt prior to the above amendment that there was a statutory interdict against the magistrate taking cognizance on a police report. even the referring judge has made it explicitly .....
Tag this Judgment!Court : Chennai
Decided on : Jan-07-2014
..... question whether the constitution (ninety-third amendment) act, 2005 would be constitutionally valid or not so far as private unaided educational institutions are concerned, is not considered and left open to be decided in ..... constitution. moreover, both articles 15(4) and 15(5) are operative and the plea of non-severability is not applicable. ...668. the constitution (ninety-third amendment) act, 2005, is valid and does not violate the basic structure of the constitution so far as it relates to the state-maintained institutions and aided educational institutions. ..... the materials placed before it and the decisions rendered by the hon'ble supreme court of india.11. article 15(5) was inserted by the constitution 93rd amendment act, 2005 with effect from 21.01.2006 and it is extracted below: ".(5) nothing in this article or in sub-clause (g) of clause (1 .....
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