Judgment Search Results Home > Cases Phrase: indian electricity act 1910 repealed repealing act 1 electricity act 2003 Sorted by: recent Court: karnataka Page 1 of about 532 results (0.124 seconds)

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... section 59 deals with savings reads as under:-"(1) notwithstanding anything contained in this act, the powers, rights and functions of the regional electricity board, the central electricity authority, the central government and authorities other the state electricity board and the state government under the indian electricity act, 1910 or the electricity (supply) act, 1948 or rules framed thereunder shall remain unaffected and shall continue to be ..... company, licensee, repeal and saving 123 clauses would result in power is vested with the kerc under section 86(1)(f) to entertain 1st respondents o.p.against pca proceedings on the other hand, learned counsel for the petitioner submitted that under repeal and savings of the act 1998 and 2003, it is to be noted nothing has been saved under act 1998 and what has been saved under the act 2003 is only schedule no.v relates to the karnataka electricity reforms act, 1999. ..... the conclusion arrived at by the high court that the appeal can be heard despite repeal of the 1998 act and introduction of the 2003 act on the basis of section 6 of the general clauses act, 1897 and the provision 94 contained in section 185(5) of the 2003 act cannot be found fault with, for there is no express provision to take away the vested right of appeal and no contrary intention can be gathered from any of the provisions of the new ..... pendency of the appeal, the 1998 act was repealed and the electricity act, 2003 (for short the 2003 act) came into force. .....

Mr Manohar Shetty Vs. The Deputy Commissioner

Court : Karnataka

..... section 185 (1) of the act reads as under: save as otherwise provided in this act, 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(supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 (14 of 1998) are hereby repealed ..... thus, it is evident that by virtue of section 185 (1) of the act, the provisions of the indian electricity act, 1910, the electricity (supply) act, 1948 and the electricity regulatory commissions act, 1998 have been repealed ..... the powers under the indian telegraph act, 1885 are exercised with 19 reference to sections 10 to 18 of the indian electricity act, 1910 read with section 174 of the act ..... is also averred that government of karnataka, which is the appropriate government for respondent no.2 has not framed any rules under sections 67 & 68 of the act and therefore, the provisions of sections 12 to 18 of the electricity act, 1910 (since repealed) are applicable in view of section 185 (2)(b) of the act.3. ..... the petitioner also seeks quashment of notification dated 21.12.2010 contained in annexure-b as illegal and opposed to the provision of electricity act, 2003 (hereinafter referred to as the act for short). ..... whether in view of the fact that notice was issued to the petitioner under section 67 (2) (c) of the electricity act, 2003, the sanction was required to be obtained by respondent no.2 from the appropriate government? ..... therefore, it was not necessary for respondent no.2 to obtain consent under section 67 (2) (c) of the act, 2003 .....

Sri. L. Ramareddy Vs. The State Of Karnataka

Court : Karnataka

..... the electricity act, 2003 (36 of ..... :- proceedings under the preliminary notification dated 15.12.1984 (annexure- a) and the final notification dated 28.11.1986 (annexure-b) have lapsed under section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 in so far as 20 guntas of petitioner s lands in sy.no.146 of agara village begur hobli, bangalore south taluk is concerned; (c-ii) issue a writ of certiorari quashing the mahazar dated 15.07.1987 (annexure z) insofar as it pertains to ..... anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, ..... that case, the contention of learned senior counsel and learned counsel for the petitioners was, where a statute is cited by a reference (the cited statute) (la act, 1894) into an another statute (the referring statute) (bda act/kuda act) any repeal or amendment of the cited statute is automatically carried over or reflected in the referring statute. ..... . the indian tramways act, 1886 (11 .....

Sri S Hareesh Vs. The State of Karnataka

Court : Karnataka

..... the electricity act, 2003 (36 of 2003).13. ..... compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under ..... duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any ..... k.m.munireddy (dead) and others [(2003) 2 scc355, after referring to a catena of decisions of both english and indian courts and also treatises on the subject of estoppel, the hon ble supreme court at paragraph 20 held as under: estoppel though a branch of the law of evidence is also capable of being viewed as a substantive rule of law insofar as it helps to ..... the indian tramways act, 1886 (11 of 1886).5. .....

D Sharanappa Vs. State of Karnataka

Court : Karnataka

..... electricity act, 2003 (36 of 2003 ..... not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holding has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification ..... been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate 31 the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for ..... duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued ..... the indian tramways act, 1886 (11 .....

M/S Evershine Monuments Vs. The State of Karnataka

Court : Karnataka

..... electricity act, 2003 (36 of ..... has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for ..... to the facts in each of the writ petitions, learned senior counsel and learned counsel for the petitioners have submitted that having regard to the parameters enunciated in sub-section (2) of section 24 of the 2013 act, they are entitled to a declaration that the acquisition in respect of the land in question is deemed to - 21 - have lapsed and, therefore, they are entitled to continue as owners in possession of their ..... anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any - 88 - offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or ..... . the indian tramways act, 1886 .....

Vijaya Steels Limited, Kallanayakanahalli, Anchepalya Post, Kunigal Ta ...

Court : Karnataka

..... " should be accorded the meaning which it had under the various electricity acts, including the indian electricity act, 1910. ..... made by the petitioners in all these writ petitions are for issuance of writ of mandamus or any other appropriate writ order or direction declaring that the respondents have no authority to collect electricity tax on the energy purchased and consumed from sources outside the state of karnataka by the petitioners through interstate open access; and to declare that the same is illegal, untenable and ultra ..... filed under articles 226 and 227 of the constitution of india praying to declare sub-section [1] of section 3 and sub-section [2] of section 3 of the karnataka electricity [taxation on consumption] [amendment] act 2013 as unconstitutional and ultra vires of the constitution of india vide ann-a bearing notification dated 11.3.2013 and quash the impugned notification dated 10.5.2013 issued by respondent no.3 ..... in the said case, the hon'ble supreme court was considering the provisions of central provinces and berar electricity duty act, 1949 as amended by madhya pradesh taxation laws amendment act, 1958 (act no.7/1956), sub-sections 2(a), d(i) and 3 of the said act wherein tax has been levied was linked to consumption and it was argued that since the petitioners who were also the producers ..... the supreme court has repealed the said contention and has held as ..... electricity from outside the state is for the purpose of section 2(47) of the electricity act, 2003 .....

Lochamesh B. Hugar and Others Vs. Union of India Represented by Its Se ...

Court : Karnataka

..... of food or food ingredients; (o) food business operator in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this act, rules and regulations made thereunder; (p) food laboratory means any food laboratory or institute established by the central of a state government or any other agency and accredited by nation accreditation board for testing ..... notification dated 01.08.2011 issued by the ministry of health and family welfare, government of india in exercise of the power conferred by clause (1) of sub-section (2) of section 92 read with section 26 of fss act which is duly gazetted and as such it is contended that irrespective of the nature, size or legal status of the production unit any individual or entity undertaking the manufacture/production of packaged drinking water has ..... by the manufacturers; they also contend that if certification is done through the labs maintained by the department it will be more effective and regulatory in observing the standards laid down under bis act and contend that these acts and regulations would be applicable only when the water is sealed and being packed in a bottle and not in case of drinking water sold in a container and when it is ..... the authority laid down by the honorable apex court in the matter of tinsukhia electric supply company limited vs state of assam reported in air 1990 sc 123 ..... repeal of the indian standards institution (certification marks) .....

Biocon Ltd. and Others Vs. State of Karnataka, Ministry of Law Justice ...

Court : Karnataka

..... consumption should be accorded the meaning which it had under the various electricity acts, including the indian electricity act, 1910. ..... person not being licencee who has generated such energy, fall in a separate group of persons who are excluded from payment of electricity tax and all persons falling between the above said two groups are liable to pay electricity tax at the rate of 25 paise per unit in the limited period from 16-10-2003 to 1-7-2004 and the object sought to be achieved by the state is to raise additional revenue in view of the continuous ..... and instead of levying additional tax on the consumers who are already paying electricity tax, the persons who are exempted from payment of electricity tax can be imposed with the electricity tax for a limited period and even in the amending act, the period for which the levy of electricity tax has been imposed upon the appellants was from 16-10-2003 to 1-7-2004 only and thereafter no demand has been made to the appellants ..... from 16-10-2003 to 1-7-2004 only on the persons who manufacture and consume electricity, the persons who are consuming electricity by manufacturing the same or persons who consume electricity free of cost and therefore there is valid classification and there is rationale classification and the same is made to achieve the object of the government as referred to above and therefore the provisions of the act as challenged in the act is constitutional and since ordinance has been repealed by the amendment act, .....

St. Gregorious Orthodox Cathedral rep. by Its Hon' Treasurer, Mr. Math ...

Court : Karnataka

Reported in : 2008(6)KarLJ358; 2008(4)KCCR2216; 2008(5)AIRKarR350; 2008AIRSCW3862

..... of easement of the plaintiff-waif in a property admittedly belonging to the first defendant cannot be construed as a dispute within the scope of either sub-sections (1) or (2) of section 83 of the act and therefore submitted that it is only the civil court which has the jurisdiction to examine a dispute of such nature if one exists and not the tribunal and as such the tribunal should not have ..... to any part of the state and published at any time within a period of one year immediately preceding the commencement of this act, such an application may be entertained by tribunal within the period of one year from such commencement:provided further that where any such question has been heard and finally decided by a ..... decision of the tribunal thereon shall be final:provided that-(a) in the case of the list of wakfs relating to any part of the state and published after the commencement of this act no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs; and(b) in the case of the list of wakfs relating ..... jurisdiction and the scope of the subject matter which can go before the tribunal in terms of section 83 can be gathered by an examination of provisions of sections 6, 7, 32 and 54 of the act; that the emphasis all along has been as to whether the particular property is a wakf property or otherwise; that in the present case, admittedly, the property being not the property belonging to the .....