Court : Supreme Court of India
..... different state services, such the delhi fire services under the delhi fire service act 2007, delhi commission for safai karamcharis act, 2006, delhi minorities commission act, 1999, delhi finance commission act, 1994, delhi lokayukta and upalokayukta act, 1995, delhi commission for women act, 1994, and delhi electricity reform act, 2001. ..... while parliament can make law for the whole or any part of the territory of india, the state legislature can only make laws for the state or any part thereof, subject to the restrictions in the constitution of india while parliament has exclusive power under article 246(1) of the constitution to make laws with respect to the matters enumerated in the union list, the state legislature has ..... context otherwise requires , there may be a need to depart from the normal rule if there is something in the context in which such expression occurs to show that the definition should not be applied.43 section 3(58) of the general clauses act, by virtue of article 367(1) of the constitution, applies to the construction of the expression state in the constitution, unless there is something repugnant in the subject or context of a particular provision of the constitution. ..... of this court held that the reports of a committee which preceded the enactment of a legislation, reports of joint parliamentary committees, a report of a commission set up for collecting information leading to the enactment are permissible external aids to construction. ..... state of karnataka, ( .....
Tag this Judgment!Court : Supreme Court of India
..... existed a binding contract between the appellant and the kptcl on the tariff prior to commencement of karnataka electricity reform act, 1999 with effect from 01.06.1999, in terms of explanation to section 19 and proviso to section 27(2) of the act?. ..... is in the positive, whether the commission has jurisdiction to review the tariff particularly when the proviso to sub- section (2) of section 27 is restricted to tariff determination and does not require a ppa to establish a concluded contract?. ..... section 27(7) further 77 provided that within 90 days of the receipt of all the information by the licensee that the commission is to notify either its acceptance or its refusal of the licensee s revenue calculation ..... to the commission, full details of its calculations for the ensuing financial year, of the expected aggregate charges, which it believes to have been permitted to recover, pursuant to the terms of its licence and such further information, as the commission may reasonably require, to access such calculation [see section 27(7)].. ..... government order no.de120eee99bangalore dated 7th july 1999 we are happy to inform you that both the units (2 x 130 mw) of our power plant ..... on 31.03.1999 after referring to the proposal dated 21.11.1998 and a series of discussions and the further meeting with the keb officials on 26.03.1999, the first respondent indicated that in the meeting, keb officials informed that it was willing to buy power from the first respondent subject to the following terms .....
Tag this Judgment!Court : Supreme Court of India
..... is a matter of record that the appellants had applied for and were granted occupancy rights under the karnataka land reforms act. ..... these appeals by special leave, a common judgment - in two second appeals1 rendered by the karnataka high court- reversing the decree of the first appellate court, has been challenged.2. ..... undoubtedly, the jurisdiction which a high court derives under section 100 is based upon its framing of a substantial question of ..... punjab state electricity board2 , this court held as follows: ..... second, when an issue of fact has been wrongly determined by the court(s) below by virtue of the decision on the question of law under section 100 of the code of civil procedure.18. ..... thus, it is evident that section 103 cpc is not an exception to section 100 cpc nor is it meant to supplant it, rather it is to serve the same ..... singh [(1992) 1 scc647; karnataka board of wakf v. ..... high court was of the opinion that in the course of a trial, the court could examine a document under section 73 of the evidence act. ..... even while pressing section 103 cpc in service, the high court has to record a finding that it had to exercise such power, because it found that finding (s) of fact recorded by the court (s) below stood vitiated because of ..... the karnataka high court framed the following question of law for consideration: whether the lower appellate court was justified in granting the decree in favor of the respondent on the basis of ..... anjuman-e-ismail madris-un-niswan [(1999) 6 scc343 and dinesh kumar .....
Tag this Judgment!Court : Supreme Court of India
..... 1(a) to (e) therefore claimed to be the deemed tenants of the suit property under the karnataka land reforms act, 1961 ( 1961 act ).3. ..... respondent no 1(b), vitthaldas bhat, filed a form 7 application under section 48a in 1979 for grant of occupancy rights in respect of the suit property in his favour, form 7 being the format for such 4 application as prescribed under rule 19 of the karnataka land reform rules, 1974 ( 1974 rules ). ..... they had constructed a house on 7 the suit property and had been in peaceful possession and enjoyment of the same and that the entry made in their favour in the record of rights shall be presumed to be true under section 133 of the karnataka land revenue act, 1964 ( 1964 ..... 2 further that the deceased balakrishna bhat, after obtaining necessary permission from the panchayat, constructed a house in the suit property in 1994 and obtained an electricity connection for the said house; and that after his demise, respondent nos. ..... such alleged unauthorized occupants have no right to seek an entry in the record of rights under sections 128 and 129 of the 1964 act, and any entry which is unlawfully made in their favour is liable to be deleted. ..... however, the respondents have not produced on record any report made by them as required under section 128 of the 1964 act proving that they had acquired any right or title in respect of the suit property. .....
Tag this Judgment!Court : Supreme Court of India
..... award dated 05.02.2007 passed by the cauvery water disputes tribunal (for brevity, the tribunal ) constituted under section 3 of the inter- state water disputes act, 1956 (for brevity, the 1956 act ) by three states, namely, karnataka, tamil nadu and kerala as each of them is aggrieved by the allocation and sharing of water of ..... , maintenance and operation of any project executed before the appointed day, or (b) the distribution of benefits, such as, the right to receive and utilise water or electric power, to be derived as a result of the execution of such project, which was subsisting immediately before the appointed day shall continue in force, subject to ..... bengaluru city, it would not be incompatible with the letter and spirit of the factors that ought to inform the determination of reasonable and equitable share of water in an interstate river as well as of the ..... adjudicating a matter of such a nature we cannot be totally guided exclusively either by broad or extraordinary discretionary or narrow or restrictive approach but think it appropriate to have an intermediary approach as the controversy covers a span of more than 100 years ..... to the the campione consolidation of the ila rules on international water resources, 1966-1999 which substantially reiterated the above principles, the tribunal also reminded itself of the verdict ..... attached by the reforms commissioner to the ..... it also referred to the disclosures in research undertaken in the field that the availability of groundwater for .....
Tag this Judgment!Court : Supreme Court of India
..... haryana, andhra pradesh, karnataka, rajasthan and uttar pradesh have passed their reform acts and unbundled their state electricity boards into separate ..... prices instead of the price that was prevalent for the last 40 years.this being the case, in both the cases, adani power filed a petition before the central electricity regulatory commission being petition no.155 of 2012 on 5th july, 2012 under section 79 of the electricity act seeking relief on the score of the impact of the indonesian regulation to either discharge them from the performance of the ppa on account of frustration, or to evolve a mechanism ..... so far notified/created state electricity regulatory commissions either under the central act or under their own reform acts.2. ..... interpretation or (iii) change in any consents, approvals or licenses available or obtained for the project, otherwise than for default of the seller, which results in any change in any cost of or revenue from the business of selling electricity by the seller to the procurers under the terms of this agreement, or (iv) any change in the (a) declared value of land for the project or (b) the cost of implementation of resettlement and rehabilitation package of the land for ..... that the non-obstante clause advisedly restricts itself to section 62, we see no good reason to put section 79 out of the way altogether. ..... the factor of materiality or other provisions contained in this agreement, the obligation to inform the procurers contained herein shall be material. .....
Tag this Judgment!Court : Supreme Court of India
..... the karnataka electricity reform act, 1999 (karnataka act no.25 of 1999).6. ..... the rajasthan electricity reform act, 1999 (rajasthan act no.23 of 1999).7. ..... the uttar pradesh electricity reform act, 1999 (uttar pradesh act no.24 of 1999).5. ..... is legally valid and permissible for grant of concession in the basic rates will equally hold good for the purpose of subsequent scheme of distribution of burden in the form of fuel surcharge and the decision of the board restricting levy of fuel surcharge to those categories of consumers who were enjoying the benefits of concession in the general rate and in sparing smaller type of consumers such as agriculture, irrigation and commercial consumers being subjected to that burden ..... if the commission considers that the proposed tariff or amended tariff of a licensee does not satisfy any of the provisions of sub-section (7), it shall, within 60 days of receipt of all the information which it required, and after consultation with the commission advisory committee and the licensee, notify the licensee that the proposed tariff or amended tariff is unacceptable to the commission and it shall provide to the licensee an ..... in our opinion, the board was perfectly within its rights in deciding to restrict the levy of fuel surcharge to those categories of consumers who were enjoying the benefit of a concession in the general rate and in sparing smaller type of consumers such as the agricultural, irrigation and commercial consumers from being .....
Tag this Judgment!Court : Supreme Court of India
..... a synoptic impression of what the considerations could be may be drawn from the following provision in the united states bail reform act of 1966: in determining which conditions of releases will reasonably assure appearance, the judicial officer shall, on the basis of available information, take into account the nature and circumstances of the offence charged, the weight of the evidence against the accused, the accused's family ties, employment, ..... of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any ..... by the office of superintendent of police, crime investigation department (vigilance), muzaffarpur, on the basis of a complaint lodged by a civil contractor against the accused, an assistant engineer in the bihar state electricity board (civil) muzaffarpur, for allegedly demanding a sum of rs.1000 as illegal gratification for release of payment for the civil work executed by him. ..... right and there is no reason to take a restricted view. ..... state of karnataka, (2002) 4 scc 578.considered the validity of the ratio laid down in common cause case (i) as modified in common cause case (ii) and raj deo sharma (i) and (ii) cases .....
Tag this Judgment!Court : Supreme Court of India
..... because of the restrictions imposed by land reforms act and other enactments, the activities of our society have come to stand still, with the result the society is not in a position to discharge its primary obligations entrusted as per the bye-laws. ..... drainage and electricity works in private layouts shall be carried out only by the bangalore water supply & sewerage board and karnataka electricity board. ..... other than a society referred to in clause (cc); (iii) a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state, other than a co- operative society referred to in clause (cc); section 3(f) as amended by act no.68 of 1984 (f) the expression public purpose includes- (i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites; (ii) the provision of land for town or rural planning; (iii) the provision of land ..... the relevant portions thereof are extracted below: we are happy to inform you that our society was registered under section 7 of the mysore cooperative societies act, 1959 by the registrar of cooperative societies, bangalore, during the year 1927 vide ..... ramaiah and others, the state government issued notification under section 48(1) dated 25.6.1999 for release of the lands comprised in survey ..... 946/1999, the government vide its order dated 15.11.1999 withdrew notification dated 25.6.1999 ..... 9913/1996 and order dated 09.07.1999 passed in civil petition no .....
Tag this Judgment!Court : Supreme Court of India
..... its claim to 7.19% share of the total power generated from the bhakra-nangal and beas projects in its letter dated 22.10.1969 but by letter dated 22.03.1972, ministry of irrigation and power, government of india informed the plaintiff that the allocation of power made at the meeting on 17.04.1967 of the representatives of the successor states/union territories of the composite state of punjab will not be modified. ..... rights and liabilities of the successor states/union territories of the composite state of punjab, the only legal proceeding which can be initiated is for directing the central government to pass a statutory order under section 78(1) of the punjab reorganisation act, 1966 and there is no scope for any legal proceedings for recovery of damages towards the share of electricity of the plaintiff. ..... 4 and 5 is an extremely sensitive issue and experience of controversy surrounding the cauvery dispute between tamil nadu, karnataka, pondicherry and kerala clearly demonstrates that there are grave risks which may give rise to agitation and eventual politicization with regard to river water system, irrigation and electricity and this is an important aspect which has to be borne in the background while dealing with the present dispute ..... of the suit, the learned counsel for the parties did not press all the issues framed by this court on 08.03.1999 and confined their arguments to some of the issues. ..... the pleadings of the parties, on 08.03.1999 this court framed a large number of .....
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