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Judgment Search Results Home > Cases Phrase: indian electricity act 1910 repealed repealing act 1 electricity act 2003 Sorted by: recent Court: allahabad Page 1 of about 59 results (0.112 seconds)

Oct 14 2011 (HC)

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

..... of act 2003, except to the extent provided therein, repealed indian electricity act, 1910, electricity (supply) act, 1948 and electricity regulatory commissions act, ..... laws namely, the electricity act, 1910 and the electricity (supply) act, 1948 ceased journey in 2003. ..... considered and decided strictly in accordance with law and will be disposed of by a speaking and reasoned order in accordance with law expeditiously taking into consideration the fact that it should not be a case of electricity theft under section 135 of the indian electricity act (hereinafter called the act). ..... " (iv) if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place (as defined under explanation to section 126 of the electricity act, 2003), it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and agricultural services and for a period of six months immediately preceding the date of inspection ..... (iii) if the assessing officer finds that unauthorized use of electricity has taken place( as defined under explanation to section 126 of the electricity act 2003, it shall be presumed unless contrary is proved, that such unauthorized use of electricity was continuing for either actual period of misuse, if available, or three months immediately preced- -ing the date of inspection in case of domestic and agriculture services and for a period of six months .....

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Dec 12 2007 (HC)

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... -section (2), the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect of repeals.this clause seeks to repeal 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) and save certain matters specified in that clause.the scheduleenactments(see sub-section (3) of section 185)1. ..... view of section 108 of electricity act, 2003 (hereinafter referred to as the 'act 2003') the state government has power to frame policy for extending benefit to any class or classes of consumers which is subject to compliance of section 65 of the act 2003. ..... the distinction in section 12(1) of reforms act, 1999 and 108(1) of the act, 2003 is that section 12(1) only empowers the state government to issue directions not inconsistent with the act on policy matters in regard to electricity but section 108(1) of act, 2003 further provides that the state government nor only can issue directions in the matter of policy involving public interest but the said directions have to be given in writing to the commission ..... he said that the order of the government, issued from time to time, even if referable to section 108 of the act 2003, would not be final and binding ipso facto on the supplier unless uperc has considered the same and passed appropriate order giving effect to .....

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Sep 14 2004 (HC)

Sri Bhagwan Gupta Vs. Kanpur Electricity Supply Company Ltd. and ors.

Court : Allahabad

Reported in : 2005(2)AWC1269

..... or taken under the corresponding provisions of this act ;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made ;(c) the indian electricity act, 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 ;(d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 shall continue to have effect ..... electricity supply code, 2002 in so far as it is not inconsistent with the electricity act, 2003 has to be applied for assessing the electricity charges payable by a person who is found indulging in unauthorized use of electricity. ..... singh, learned counsel for the petitioner raised following submissions :(1) the assessment made by the respondent is not in accordance with the provisions of section 126 of the electricity act, 2003 and in accordance with paragraph 6.17.1 and 6.17.2 of the u. p. ..... the respondents while making assessment has calculated the amount thrice of the units assessed whereas in accordance with section 126(6) of the electricity act, 2003, the assessment was required to be made at the rate equal to one-and-half times of the tariff applicable. .....

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Nov 29 2006 (HC)

Rajeev Kumar Jauhari Son of Surendra Kumar Jauhari, Vs. State of U.P. ...

Court : Allahabad

Reported in : 2007(1)ARBLR544(All); 2007(2)AWC1726

..... provisions of all other sections of the indian electricity act, 1910 shall apply except that:(a) the terms 'licence', or 'licensee' shall have the meaning as defined in this act and the licences issued under the said act of 1948 shall be construed as having been issued under this act;(b) the reference to the sections of the indian electricity act, 1910 and the electricity (supply) act, 1948 in the provisions of the electricity (supply) act, 1948 shall be taken as reference to the corresponding provisions of this act to the extent modified by this ..... careful reading of section 54 of the reforms act, 1999 makes it clear that neither 1910 act nor 1948 act, both have been repealed in their entirety nor have been made totally ..... electricity reforms transfer scheme 2003 published on 9th june 2003 and clause-9 of transfer scheme 2000 was substituted by ..... however, in view of the amendment of the transfer scheme vide notification dated 9.6.2003, the aforesaid absorption was treated to be provisional but after expiry of 5 years, another office order dated 24.10.2005 was published notifying final absorption of various officers in the said three companies and as a result ..... were directly recruited as assistant engineer in uprvunl in january 2001 and april 2003 and are working presently on the said post.6. ..... the reforms act, 1999 was amended in 2003 and in sub-section (1) of section 49, the words '12 months' were substituted by '60 months' and under sub-section (2), 'two years' were substituted by .....

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Jul 28 2004 (HC)

Vijay Singh and ors. Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778

..... the learned single judge of this court while deciding the case in indra bahadur singh (supra), dealt with the issue of fixing the maximum age limit by issuing government order under section 2 of the act, 1861 and also the applicability of rules, 1972 and also referred to the order dated 7th july, 1996 issued by the governor, which provided for exemption of the police services from the application of ..... police act of 1861, however, remained and maintained its effectiveness though a pre-constitutional act by virtue of the provisions contained in article 372(1) of the constitution notwithstanding the repeal of the indian independence act, 1947 and the government of india act, 1935 ..... view had been taken by the apex court in senior electric inspector v. ..... collector of central excise, coimbatore, (2003) 3 scc 410, while reiterating the similar view, the court held as under :-'it is well settled law that merely because of law causes hardship, it cannot be interpreted in a manner so as to defeat its object.......it is the duty imposed on ..... : (2003)1scc707 , while considering a similar issue, the apex court held that any order issued by the government or rule framed in exercise of the powers of section 2 of the act has a legal/statutory basis and, therefore, ..... no, 34757 of 2003, durgesh pratap singh and ors. ..... . : [2003]2scr662 and union and ..... : [2003] ..... : [2003]1scr666 ; and state of ..... : [2003]3scr409 ; and delhi development ..... meantime, result of the main-examinations was declared on 28.7.2003. .....

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Dec 07 2000 (HC)

Board of Management Dayanand College of Law, Kanpur Nagar Vs. State of ...

Court : Allahabad

Reported in : 2001(1)AWC190; (2001)1UPLBEC440

..... incongruity, if any, is with respect to the qualifications prescribed for the post of principal in the rules made by the bar council in exercise of powers under the advocates act, 1961, on one hand and the statutes made in exercise of powers under section 49 read with section 50 of the u. p. ..... , prevail in the state provided of course that nothing in clause (2) of article 254 shall prevent the parliament from enacting at any time any law with respect to the same matter including a law adding, amending, varying or repealing the law so made by the legislature of the state. ..... in kerala state electricity board v. ..... 1973, was originally enacted as president's act 10 of 1973 during the president's rule in the state in exercise of power under section 3 of the uttar pradesh state legislature (delegation of powers) act, 1973, but subsequently, the said act was amended and re-enacted by the u. p. ..... in the course of arguments, a question cropped up as to whether article 254 of the constitution will be attracted in the event of there being any repugnancy with the subordinate legislation made under the central act and the state acts of a matter falling in the concurrent list. ..... singh did not possess master's degree in law-the requisite qualification prescribed by rule 12 of therules made by the bar council of india in exercise of power under section 7 (h) and 49 (1) (d) of the advocates act, 1961 and hence, he shall be deemed to be an usurper of office. ..... indian aluminimum company. .....

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Jan 05 1978 (HC)

Mani Kant Tiwari Vs. Babu Ram Dixit

Court : Allahabad

Reported in : AIR1978All144

..... the abatement of rent is sought on the ground that the plaintiff discontinued supplying electric current to the appellant and due to this act of the plaintiff, there was disturbance in the quiet enjoyment of the accommodation to which the appellant as the ..... reason is the same as stated earlier, namely, because the rent for the accommodation did not include charges for electric supply which had to be paid for separately by the tenant to the landlord on the basis of the sub- ..... following points: --(1) the contract of tenancy between the parties was void and illegal under section 23 of the indian contract act as such, it was not enforceable by a court of law. ..... of the repealed u. p ..... that the issuance of cheque in the facts and circumstances of the instant case, was not justified and the appellant did not cease to be a defaulter under section 3 (1) (a) of the repealed u. p. ..... the question of the payment of rent by the tenant by cheque and the effect of such payment in relation to the tenant's default under section 3 (1) (a) of the repealed u p. ..... in question was deemed to be good tender, then it will have to be held that the defendant was not a 'defaulter' within section 3 (1) (a) of the repealed u. p. ..... was not a defaulter under section 3 (1) (a) of the repealed u. p. ..... which was served on him on 21st january, 1959 and, therefore, he became a defaulter and the suit for eviction was, therefore, maintainable without the permission of the district magistrate under section 3 of the repealed u. p. .....

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Aug 27 1976 (HC)

Commissioner of Income-tax Vs. Saharanpur Electric Supply Company Ltd.

Court : Allahabad

Reported in : [1977]109ITR545(All)

..... in sub-section (6) of section 43 of the act as follows :' (6) ' written down value' means- (a) in the case of assets acquired in the previous year, the actual cost to the assessee; (b) in the case of assets acquired before the previous year, the actual cost to the assessee less all depreciation actually allowed to him under this act, or under the indian income-tax act, 1922 (xi of 1922), or any act repealed by that act, or under any executive orders issued when the ..... contended that since the income-tax officer had, in making the assessment for the year 1961-62, determined the written down value of such service lines in accordance with the provisions of the old act, it was not permissible for him to determine the written down value for the assessment year 1963-64 by ascertaining afresh the actual cost of such service lines, adopting the definition of 'actual cost ..... : [1954]26itr89(patna) , the effect of this decision of the bombay high court was nullified by amending section 10(5)(c) of the indian income-tax act, 1922, by adding a new explanation in the following terms :'for the purposes of this sub-section, the expression 'actual cost' means the actual cost of the assets to the assessee reduced by that ..... the depreciation on the service lines installed by the assessee to give electrical connection to consumers of -electricity up to march 31, 1961.3. ..... these: the respondent-assessee is a limited company which was running an electricity supply undertaking at saharanpur. ..... electric ..... electric .....

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Nov 14 1975 (HC)

Anwar UddIn Vs. State

Court : Allahabad

Reported in : 1976CriLJ1786

..... the learned single judge, who heard the revision at the earlier stage, took the view that the minimum sentence was prescribed under section 3 of the said act and any reduction in the minimum sentence was not permissible as special and adequate reasons had not been given by the addl. ..... that act had been repealed by act no. ..... 2) assistant electrical foreman, who gave his report which is ext. ..... the applicant anwaruddin has been convicted under section 3 of the railway property (unlawful possession) act xxix of 1966 and sentenced to one year's r. i. ..... 2) that eight dynamo belts belonged to the indian railways.6. ..... under the earlier act, the requirement was that it had also to be proved that the property was in the use of the railway administration. ..... : 1970crilj1647 which, in fact, was under the raliway stores (unlawful possession) act of 1955. ..... under section 3 of act no. ..... no such proof is necessary under section 3 of act no. .....

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Jan 28 1975 (HC)

Group Industries Private Ltd. and anr. Vs. State of U.P.

Court : Allahabad

Reported in : AIR1975All434

..... held by the central government, or the state government, or partly by the central government and partly by the state government: (iii) any university established by law, the uttar pradesh state electricity board or any other corporation established by law or owned or controlled by the central government or the state government; (iv) a co-operative society to the share capital of which the state government has ..... government or state government or a subsidiary of such company; or (iv) any university established by law, the uttar pradesh electricity board or any other corporation owned or controlled by the central government or the state government; or (v) any society registered under the societies registration act, 1860, the governing body whereof consists, under the rules and regulations of the society wholly of public officers or ..... nominees of the central government or the state government; or (vi) a banking company as defined in the uttar pradesh public moneys (recovery of dues) act, 1972, or (vii) any co-operative society to the share capital of which the state government has subscribed directly or in the formation or augmentation of the share capital of which it has assisted ..... held companies', it must be conceded, are in many respects similar to other public limited companies registered under the indian companies act and yet there is a distinction between the two classes of companies which to a certain degree provides assurance ..... repeals .....

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