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Karnataka Electricity Board Engineers Association, Rep. by Its Gen. Se ...

Court : Karnataka

Reported in : ILR2003KAR3424

..... karnataka power transmissioncorporation and in the second transfer namely, when karnatakapower transmission corporation forms separate companies orescom, the personnel, who are absorbed in karnataka powertransmission corporation can be directed to exercise their optionfor absorption in any one of the escom and therefore, petitionersare not justified in contending that in view of the tripartite agreement,which has been given a statutory force by incorporating the sameunder section 15 of karnataka electricity reforms act, 1999 ..... effect to the provisions of the electricity reforms act,1999, the karnataka power transmission corporation, which is thesuccessor in interest of the board, has framed rules known askarnataka electricity reforms rules in exercise of powers conferredby sections 14 and 15 read with section 57 of the karnatakaelectricity reforms act, 1999, and the rules are called .karnatakaelectricity reform (transfer of undertaking of karnataka powertransmission corporation limited and its ..... be maintained.the second proviso makes it abundantly clear that any transferscheme framed under sub-section (1) and (2) of the act shall beconsistent with the tripartite agreements entered into between thestate government, board or karnataka power transmissioncorporation and the employees. 6. prior to the promulgation of the reforms act, since engineersof karnataka electricity board had - expressed their apprehensionsthat their services would be privatised and that it would .....

Jindal thermal Power Company Ltd. Vs. Karnataka Power Transmission Cor ...

Court : Karnataka

Reported in : ILR2004KAR3463; 2004(5)KarLJ161

..... 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? ..... when the matter stood thus pursuant to the enactment of the karnataka electricity reforms act, 1999, for short 'the act', the commission came into existence with effect from 1st june, 1999 several rounds of discussions took place between the parties to finalise other terms and conditions (apart from tariff, escalation and tenure) ..... report (dpr) of the appellant, the order of gok dated 7th march, 1994 and affidavit dated 10th october, 2001 of kptcl filed before the karnataka electricity regulatory commission, bangalore, for short, 'the commission', would bring out the acute power shortage in the state of karnataka and show justification for securing needed power for the state grid. ..... karnataka power transmission corporation limited, for short, the 'kptcl', the first respondent herein, is a company established under the provisions of the companies act, 1956 pursuant to the enactment of the karnataka electricity reforms act, 1999, for short, 'the act' whereunder the karnataka electricity board, the keb, for short, was trifurcated ..... was dissatisfied by the rejection of his tender for double cocoons did not remove on payment and the government issued notice of resale and they were actually ..... also given before which the cocoon should be removed. .....

The Godavari Sugar Mills Ltd. Vs. the Karnataka Power Transmission Cor ...

Court : Karnataka

Reported in : 2008(1)KarLJ656; 2008(1)KCCRSN53; 2008(2)AIRKarR1

..... the agreement did work well between the petitioner and the karnataka electricity board [keb], with which the agreement had been entered into and even with its successor - kptcl -, it appears, certain legislation particularly the enactment of the karnataka electricity reform act, 1999 [for short, the act] which was deemed to have been come into effect from 1-6-1999, intervened and had certain adverse effect on the petitioner.3. ..... or similar writ or order or direction, declaring that the power purchase agreement dated 8-10-1999 at annexure-a is valid and operative, remains in full force and effect in accordance with its terms and has not been rendered invalid or inoperative and has not been impaired or modified by virtue of the provisions of the reforms act, 1999 and in particular section 17 of the reforms act, 1999 or by reason of any other fact or matter or any other provisions of the said reforms act of 1999;i(a) declare that the respondent no 1 is bound in law to ..... observe the power purchase agreement initialed and signed by the petitioner and respondent no 1 and approved by the kerc by its order dated 17th september 2003 .....

Srinivasamurthy and ors. Vs. the Chairman, Karnataka State Electricity ...

Court : Karnataka

Reported in : ILR2007KAR125; 2007(1)KarLJ128

..... karnataka electricity regulation commission, bangalore - a statutory commission constituted under the provisions of karnataka electricity reforms act, 1999 (act no.25 of 1999) and continued under the proviso to section 82 of the electricity act, 2003 (for short, the act), by filing a petition under section 67(4) of the act ..... learned counsel for the respondents 2 to 5 would submit that even a claim of the present nature as is sought to be put forth by the petitioners is not that is contemplated within the scope of sub-section (3) of section 67 of the act, that again, in my view, a hypothetical question at this point of time, as if the commission should have examined a question of this nature when it had really arisen before it in the form and perhaps ..... before going to consider other aspects and contentions, i notice that what can be examined by the commission on an application under sub-section (4) of section 67 of the act is a subject matter which is in the form of a difference or dispute, including the amount of compensation, as contemplated under sub-section (3) of section 67 of the act arises and which has arisen between a licence and a person claiming compensation or damages for any damage incurred or inconvenience caused, either ..... high tension power line which is drawn and maintained by the second respondent -bescom - snapped and fell on the ground and person came in contact with the barbed wire fence on which the power line had fallen, through which electricity was conducted .....

Ms. S. Pushpa and ors. Vs. Government of Karnataka and ors.

Court : Karnataka

Reported in : 2004(4)KarLJ594

..... the karnataka electricity reform act, 1999 is an act which provides for constitution of karnataka electricity regulatory commission ..... are directed to prepare the scheme within eight weeks from the date of receipt of a copy of this order for the purpose of future vacancy.15.1 at the time of arguments it is also brought to my notice that the provisions of section 12 of the karnataka electricity reform act. ..... counsel also refers to the transfer scheme in terms of annexure-e1, as i mentioned earlier, this is in pursuance to sections 14 and 15 of the karnataka electricity reform act. ..... also say that protection is available to them in terms of sections 12 and 15 of the karnataka electricity reform act. ..... section 13 provides for formation of a company known as karnataka power transmission corporation limited, section 14 provides for reorganisation of the ..... section 12 provides a power to issue policy directives on matters concerning electricity in the state including the overall planning and co- ..... division bench of this court ruled as under:'(d) even if the state government could be found to be guilty of regularising any illegal appointment of any section of daily wages employees pursuant to any misconceived policy decision by exercising its alleged executive powers in derogation of statutory provisions on any occasion in the past that cannot form a basis for claiming equality under article 14 of the constitution of india since equality can be claimed only vis-a-vis legal acts and not illegal .....

Raj Electricals (Regd.) Vs. Bses Rajdhani Power Ltd.

Court : Delhi

Reported in : 2007(3)ARBLR449(Delhi); 142(2007)DLT687

..... the karnataka electricity reform act, 1999 (karnataka act no. ..... this schedule and delhi electricity reforms act, 2000 were saved by section 185 of the electricity act, 2003, so a minimum notice of 12 months was required. ..... power to grant licenses has been given to the commission under section 20 of the delhi electricity reforms act, 2000 and section 20 is on the same lines as section 3 of the indian electricity act, 1910. ..... repealed laws shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910) and rules made there under shall have effect until the rules under sections 67 to 69 of this act are made;(c) the indian electricity rules, 1956 made under section 37 of the indian electricity act, 1910 (9 of 1910) as it stood before such repeal shall continue to be in force till ..... (d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 (54 of 1958) shall continue to have effect until such rules are rescinded or modified, as the case may be;(e) all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were issued by the state government. .....

Karnataka Power Transmission Corporation Ltd. a Company Incorporated U ...

Court : Karnataka

Reported in : 2008(1)KarLJ106; ILR2007(4)Kar3956; 2007(4)KCCRSN245; 2007(6)AIRKarR33(DB)

..... the appellant being aggrieved, had preferred an appeal to the 1st respondent - commission, under section 40 of the karnataka electricity (reforms) act, 1999 ('the act'' for short). ..... though the rules are made by the state government by virtue of the power under section 57 of 'the act', still it is mandatory that the rules be laid before each house of the state legislature for action as stated therein. ..... thus there is a striking difference in the powers exercised by the state government under section 57 and by the commission under section 56.11.4 applying the above principles of law, it has to be held that the regulation 43 made by the commission, fixing the period of limitation to file appeal under section 40 of 'the act' is, without jurisdiction and is ultra vires. ..... regulation 42 is with respect to the appeals, which can lie to the commission, from the decisions of the electrical inspectorate, as are passed in exercise of their powers under 'the act of 1910' and the electricity act, 1948. ..... from the declarations of the hon'ble supreme court, that the court considering the validity of a subordinate legislation, will have to consider the nature, object and scheme of the enabling act and also the area over which power has been delegated under the act and then decide whether the subordinate legislation conforms to the parent act.the hon'ble supreme court in the case of indian express newspapers (bombay) private ltd. .....

Karnataka Power Transmission Corporation Limited Vs. R.K. Powergen Pri ...

Court : Karnataka

Reported in : ILR2005KAR5468; 2006(2)KarLJ608

..... by the karnataka electricity regulatory commission (for short 'commission') by the order dated 12.10.2001 under section 25 of the karnataka electricity reforms act, 1999. ..... a decision in his favour, later turns round when the decision goes against him and challenges the jurisdiction of the very tribunal, the high court will not exercise its discretionary power in favour of such a party'.it is not open for the petitioner now to contend that the commission did not have jurisdiction to try the petition of the respondent before the commission. ..... has taken place inter se between the parties and also the commission in respect of the petitioner receiving the power supply to the system contained under clause 4.2 (iii) it is to be noticed that the electricity act, 2003 came into force on 10.6.2003. ..... is recommended that the appellate power against an order of the state commission under the 1998 act should be conferred either on the central electricity regulatory commission or on a ..... question of entertaining this petition when there is an alternate and efficacious remedy for redressal of the petitioner's grievance is available there is no reason as to why this court should exercise its powers under articles 226 and 227 of the constitution and deal with the technical matter. ..... 721 wherein this court has clearly stated that:' a party invoking power under articles 226 and 227 of the constitution cannot now raise the question of jurisdiction when a decision has been taken before the tribunal whose .....

A.V. Amarnathan S/O Late T.K. Karunakaran Vs. Sri. H.D. Kumaraswamy, C ...

Court : Karnataka

Reported in : 2007CriLJ2313

..... karnataka electricity reforms act 1999 (for short 'the act') was brought into force on 1.6.1999 ..... the said rule reads as under:5(v):in the case of criminal contempt of the high court other than a contempt referred to in section 14 of the act, the complainant shall state whether he has obtained the consent of the advocate general and if so, produce the same.nothing shall preclude the high court ..... or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or(ii) prejudices, or interferes or tends to interfere with the due course of any judicial proceedings; or(iii) interferes or tends to interfere with, or obstructs or tends to obstruct the administration of justice in any other manner.section 15 of the act would provide for cognizance of criminal contempt in other cases. ..... section 15 of the act, the commission has the necessary power and jurisdiction as that of a civil court and that therefore it is a court for the purpose of section 15 of the contempt of courts act ..... of the documents referred to in section 78(2) of the evidence act, 1872 by which an allegation ..... the presumption of genuineness attached under section 81 of the evidence act to a newspaper report cannot be treated as proved of the facts reported therein.it is now well settled that a statement of fact contained in a newspaper is merely hearsay and, therefore, in-admissible in evidence .....

M/S Classic Developers, Bangalore, Rep. by Its Managing Partner Sushil ...

Court : Karnataka

..... sec.11 of the karnataka electricity reforms act, 1999, vests the commission with the powers to regulate interalia the distribution, supply and utilization of electricity to issue license and determine the conditions to be included in the license, to regulate the working of the licensees and to set appropriate codes of conduct and standards for the electricity industry in the state and the standards of service to the consumers by licensees ..... the pleadings, while making reference to the provisions of the following statutes and reported opinions: statutes referred to: (1) regulation 4.34 of the karnataka electricity board electricity supply regulations, 1988; (2) sec.49 and 79(j) of the electricity (supply) act, 1948; (3) sec.58 of the karnataka electricity reforms act, 1999; (4) clauses 2.50; 49.00 and 4.12(v) of the karnataka electricity regulatory commission (electricity supply and distribution) code 2000-2001 with effect from 29/3/2001; and (5) sec.56(2) of the electricity act, 2003 (6) rule 53(d) under part-iii schedule-ii of procedure for recovery of tax under the income tax ..... (2) notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity. 24. .....