Court : Kolkata
Reported in : 2006(1)CHN672
..... the governor has been again pleased to empower 19 (nineteen) members of those converted additional district sessions judges courts which have now been functioning at every sadar sub-division of each district in west bengal including the 1st special court, calcutta to try offences exclusively under the indian electricity (west bengal amendment) act, 2001 as well as in terms of section 153 of the electricity act, 2003 (36 of 2003) having territorial jurisdiction for the entire district.4. ..... it is true that sections 153 and 154 of the electricity act, 2003 lays down the provisions of constitution of special courts and the power of special court but before the promulgation of electricity act, 2003, special courts were constituted in view of the indian electricity (west bengal amendment) act, 2001 which was published in the kolkata gazette, extraordinary part iii dated 24th april, 2003. ..... the above notification makes it clear that all the existing special courts in every district are empowered to try offences exclusively under the indian electricity (west bengal amendment) act, 2001 as well as in terms of section 153 of the electricity act, 2003 having territorial jurisdiction for the entire district.15. ..... in view of the provisions of sections 39p and 39g of the indian electricity (west bengal amendment) act, the offences under the electricity act are to be tried by special court and all the cases pending before any court shall stand transferred to special court. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(4)CHN206
..... the governor has been again pleased to empower 19 (nineteen) members of those converted additional district & sessions judges courts which have now been functioning at every sadar sub-division of each district in west bengal including the 1st special court, calcutta to try offences exclusively under the indian electricity (west bengal amendment) act, 2001 as well as in terms of section 153 of the electricity act, 2003 (36 of 2003) having territorial jurisdiction for the entire district.4. ..... amendment) act, 2001 and such court is empowered to try all offences under the indian electricity act, 1910 as amended by indian electricity (w.b. ..... amendment) act, 2001 and is empowered to try all offences under the indian electricity act, 1910 as amended by w.b. ..... amendment) act, 2001, which has already been repealed by the new electricity act, 2003 and as such the said special court constituted under the earlier act of 2001 has no jurisdiction to try the present case. ..... amendment) act, 2001 as also in terms of section 153 of the electricity act, 2003. ..... it is further submitted that although indian electricity act, 1910 was repealed on 19.6.2003 by section 185 of the new act of 2003, sub-section (5) of said section 185 of the act of 2003 provides as follows:'section 185. ..... amendment) act, 2001 as well as under section 153 of the electricity act, 2003 and there was also a government notification in that regard.4. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal221
..... by the west bengal electricity energy (maintenance of supply) order, 1977, issued by the government of west bengal, under section 22b of the indian electricity act, 1910, restrictions were imposed on the consumers of electricity running mini steel plants. ..... in schedule-b of the west bengal electricity energy (maintenance of supply) order, 1977, issued under section 22b of the indian electricity act, 1910, all the consumers of electricity for running mini steel plants have been named but all of them have not approached this court ..... they, therefore, contend that when by reason of the order of the state government, issued under section 22b of the indian electricity act, 1910, the appellant was unable to effect supply of any electrical energy at any pressure during certain particular hours of everyday of a month or when the appellant for its own fault was unable to supply electrical energy at any pressure, the appellant cannot claim anything at least during the period of non-supply. ..... (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with - (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]52STC297(Cal)
..... energy under a licence or sanction granted or deemed to have been granted in accordance with the provisions of the indian electricity act, 1910, or under the authority of any other law, of goods required for use by it directly in the generation or distribution of such energy either wholly in west bengal or partly in west bengal and partly in any place outside west bengal, and of containers and other materials for the packing of such goods :provided that the provisions of this clause shall not apply to any sale ..... ., at the time of making the impugned assessment, the order in annexure b was read under section 5(1)(bb) of the said act, which was substituted by section 3(2)(ii) of the west bengal taxation laws (amendment) act, 1975, being west bengal act 7 of 1975, which was to the following effect:(bb)(i) two per centum of such part of his taxable turnover as represents sales to a registered dealer of goods other than gold, of the class or classes specified in the certificate of registration of such ..... . he further stated that the old section 5(2)(a)(ii), which was substituted for the original sub-section (ii) by section 4(a) of the bengal finance (sales tax) (west bengal amendment) act, 1950, being west bengal act 48 of 1950 and which was to the following effect :(ii) sales to a registered dealer--of goods of the class or classes specified in the certificate of registration of such dealer, as being intended for resale by him, or for use by him in the manufacture of .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN833
..... on that date and after investigation, the chargesheet has been submitted under sections 39(1)(b)(c) and 44 of the indian electricity act as amended by west bengal amendment act of 2001 and the cognizance on the basis of such chargesheet was taken by the learned magistrate on 29.9.2003 ..... the provisions of sections 39(1)(b)(c) and 44 of the indian electricity act as amended by west bengal amendment act, 2001 does not arise and the cognizance on the basis of the said chargesheet cannot be taken by the learned magistrate and the entire proceeding is required to be quashed.he has further submitted that if there was any prosecution against the accused that should have been under the provisions of section 135 of the electricity act, 2003 and the court can take cognizance of such ..... 2003 under sections 39(1)(b)(c) and 44 of the indian electricity act, 1910 as amended by the west bengal amendment act, 2001 and the chargesheet submitted under the indian electricity act, 1910 are hereby quashed.10. ..... perused and considered the chargesheet and other materials on record.it appears that as per prosecution case on 18.7.2003, the assistant engineer, west bengal state electricity board had been to the husking mill of the petitioner and checked his meter and found that the said meter was tampered with ..... cognizance has been challenged and the entire criminal proceeding pending under the provisions of the indian electricity act, 1910 has also been challenged to be illegal and prayer for quashing the same .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)191; (1997)2CALLT34(SC); [1997(75)FLR95]; JT1996(10)SC627; (1997)IILLJ59SC; 1996(8)SCALE577; (1997)1SCC562; [1996]Supp9SCR116
..... the provisions of this section shall also apply to an undertaking which has been sold under section 5 or section 6 but the sale has not been completed prior to the date of commencement of the indian electricity (west bengal amendment) act, 1980.provided that the sale of the undertaking shall not be deemed to be completed if the purchase price, if payable after deducting the claim of the employees of the licensee from the consideration money, ..... on 5th april, 1979 west bengal government, in exercise of its powers under section 4(1) of the indian electricity act, 1910 (hereinafter described as 'the act'), revoked the licence of the company and directed the company to sell the undertaking to the west bengal state electricity board (hereinafter described as 'the board') ..... under section 3 of the indian electricity act, 1910, the state government may grant licence to any person to supply energy ..... company') was a licensee under the indian electricity act, 1910 and was engaged in the business of generation and distribution of electricity. ..... special provision for safeguarding the interest of the employee, - (1) notwithstanding anything to the contrary contained elsewhere in this act or in any other law for the time being in force, where an undertaking is sold under section 5 or section 6, any amount that may be due on account of salary or wages, leave-salary or leave wages, bonus ..... section 7b was inserted by west bengal act 39 of 1984 to safeguard the interest of the employee of an undertaking .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal88,82CWN377
..... the said order of revocation was followed by another notice under section 5(3)(1)(c) of the indian electricity act, to the company requiring it to sell the undertaking to the west bengal state electricity board and to deliver the undertaking on august 10, 1973. ..... on the expiry of the period of licence of the petitioner-company from the date of notification of the grants of licence, namely on the expiry of twenty years, it was given a go-by by the issuance of a notification, dated august 27, 1971 by the government of west bengal, department of commerce and industries (power branch) which made alterations and amendments in clause 15 of the vishnupur electricity licence, 1950. ..... dutt learned advocate appearing in support of the rule placed relevant provisions of the indian electricity act, 1910 with its amendments, the terms of licence of the vishnupur electric supply and industrial development company limited, the electricity supply act, 1948 and other relevant provisions. ..... section 4-a includes provisions for amending the licenses in public interest on the application of the licensee or otherwise in consultation with the state electricity board.11. ..... the licensee is not entitled to make default with impunity or take shelter under this amendment so as to avoid any liability under the provisions of sections 4 and 5 which are to be invoked by the government ..... dutt that by virtue of the amendments of the licence under section 4-a of the act the order of revocation was incompetent may be .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276
..... the legislature may consider incorporating this suggestion as a form of punishment by amending section 39 of the indian electricity act of 1910.25. ..... , during the pendency of this criminal revisional application, in which the taking cognizance of commission of an offence punishable under the electricity act, 2003 on a charge-sheet by a court of judicial magistrate is under challeng the electricity (amendment) act, 2007 came into force with effect from june 15, 2007, an act further to amend the electricity act, 2003.10. ..... the state of west bengal reported in 2006 (1) chn 445, where i our high court held since section 151 of the electricity act, 2003 does not mention about police authority and as such taking cognizance of any offence punishable under the said act on a police report is not valid and lawful.in the said decision high court further held that there was nothing in the said statute which prohibits the police from initiation of any investigation of ..... the west bengal state electricity board, at the very outset, strenuously urged that it is highly preposterous to suggest that the section 151 of the principal act creates a substantive and vested right in favour of an ..... the raid was held without following the guidelines provided by the west bengal electricity board, no prior intimation was given to the consumer before the alleged inspection but those points were abandoned at the time of hearing before this court.7 ..... state of west bengal reported in : 1959crilj98 and in the case of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1753; [1963]2SCR747
..... rajapalayam, was incorporated in 1935 to carry on, within the state of madras and elsewhere, the business of an electric light and power company, to construct, lay down and establish and carry on all necessary installations, to generate, accumulate, distribute and supply electricity under a licence granted under the indian electricity act of 1910. ..... it appears that section 8 of the west bengal land development and planning act, 1948 (xxi of 1948) which was impugned in that case limited the amount of compensation so as to not to exceed the market value of the land on december, 31, 1946, no matter when the land was acquired ..... the only point which was decided was that the removal of the cloud by a subsequent constitutional amendment will not automatically revive a law which was void from the start, but that obviously is not case before us ..... madan gopal kabra : [1954]25itr58(sc) , this court has occasion to consider the validity of certain amendments made in the income tax act by section 3 of the finance act (xxv of 1950). ..... it may be conceded that the 4th constitution amendment which substantially changed the provisions of art. ..... in rejecting the argument that the levy authorised to be imposed by the amendments was ultra vires, patanjali sastri, c.j. ..... these amendments had the effect of applying retrospectively the charging sections of the taxing act and their validity was impeached ..... that being so, if the constitutional amendment subsequently made removes the cloud, the validity of the law is .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT297(HC),[1998(79)FLR406],(1998)IIILLJ777Cal
..... this substitution has been made by section 2(s) of the west bengal amending act, 1984 with effect from 21.8.84 which is set out herein below :--'who, being employed in a supervisory capacity, draws wages exceeding one thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by ..... in my view, the interpretation as made by the tribunal relating to the repugnancy of the west bengal act in relation to the west bengal amendment made in 1980 in relation to the amending act does not appear to be correct. ..... relying upon the said findings of the supreme court, the tribunal held inter alia as follows :--'if the relevant provision to wit, clause iv of section 2(s) of the industrial act, 1947 as amended by amendment by section 2 of the act 14 of 1947 by west bengal act xxx of 1980 is found to be repugnant to the clause iv as substituted by the central legislature, shrl rajeswar mahato is to be treated as a workman, assent of the president to w.b. ..... 65,000/- although petitioner's service was terminated with effect from 1.9.85 and industrialtribunal by its award dated 22.11.91 has rejected the order or reference, rajeshwar mahato is occupying the company's quarter (furnished) with electricity without payment of any rent and electricity charges for the last ten years. ..... in this connection, the judgment and decision in the case of south indian bank ltd. v. a. r. .....
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