Court : Gujarat
Reported in : (2005)2GLR1266
..... notice issued in this appeal from order. the learned advocate submitted that under the repealed law the respondent-company had formulated 'conditions of supply & miscellaneous charges' (hereinafter referred to as 'the conditions') which were approved by the government of gujarat by notification no.gu9419aec16914208- k dated 14th october 1994 ..... of the new act. section 50 of the new act provides for 'the electricity supply code'. for ready reference it is reproduced herein :'the state commission shall specifyan'electricity supply code' to provide for recoveryof electricity charges, intervals for billing ofelectricity charges, disconnection of supply ofelectricity for non payment ..... .the learned advocate invited attention of this court to 'clause 22 of part i' of the conditions which is titled as 'malpractice'. he submitted that subclause (c) empowers a licensee to disconnect the supply of electricity. subclause (c) reads as under:'without prejudice to the rights of the licenseeto initiate .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj40; (2005)1GLR247
..... consumer or person and to recover from him such charges as are assessed by the licensee as provided for under item no. 11 of part ii of these conditions of supply and miscellaneous charges. the supply to the service will be kept disconnected for a period of 30 days from the date of disconnection on the ..... the same. the national commission, therefore, was right in following the judgment of the bombay high court and allowing the appeal setting aside the order of the state commission. moreover, there is no deficiency of service in making supplementary demand for escaped billing. there may be negligence or collusion by subordinate staff in not properly ..... supply together with incidental charges. payment of such charges shall not entitle the consumer to continue to use unauthorised load in future as a matter of right.(c) without prejudice to the rights of the licensee to initiate legal proceedings against any person found to be committing any of the malpractices mentioned above, the licensee .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj66; (2005)2GLR1202
..... section 135 of the electricity act, 2003 read with clause 23(b) of the conditions of supply read with condition no. 11 of part iii of conditions of supply and miscellaneous charges framed under indian electricity act, 1910. it is also contended by the learned counsel for the petitioner company that there is a presumption ..... the same. the national commission, therefore, was right in following the judgment of the bombay high court and allowing the appeal setting aside the order of the state commission. moreover, there is no deficiency of service in making supplementary demand for escaped billing. there may be negligence or collusion by subordinate staff in not ..... together with incidental charges. payment of such charges shall not entitle the consumer to continue to use unauthorised load in future as a matter of right. (c) without prejudice to the rights of the licensee to initiate legal proceedings against any person found to be committing any of the malpractices mentioned above, the licensee .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]124ITR282(Guj)
..... it may, with the previous approval of the central warehousing corporation, determine; (b) run warehouses in the state for the storage of agricultural produce, seeds, manures, fertilisers, agricultural implements and notified commodities ; (c) arrange facilities for the transport of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities to ..... notified commodities; and (e) carry out such other functions as may be prescribed.' chapter iv deals with finance, accounts and audit. in the miscellaneous provisions in chap. v, in section 41 power to make rules is conferred on the government and under section 42 the power of making regulations ..... (including banks, marketing societies, etc.) and statutorily constituted market committees which provide warehousing or godown facilities, should enjoy exemption from tax on such part of their income as is derived from godowns and warehouses, even if their yearly income exceeds rs. 20,000. ' 23. as the finance .....
Tag this Judgment!Court : Gujarat
Reported in : 2008GLH(1)22; (2008)1GLR483
..... . 1438 of 2007 is filed by the petitioner of special civil application no. 15239 of 2006 (nirav vinodchandra shah) to seek directions to the state government to explain as to why c.o. case no. 1482 of 1957 has not yet been decided so far and for adequate steps to be taken so as not to deprive ..... have been raised by the learned counsels appearing on behalf of the respective parties and voluminous record was produced in support and against their contentions which were not part of the main special civil application. the arguments canvassed and submissions made are mainly on behalf of the original respondent no. 3 and learned advocate general appearing ..... the evacuee property so declared by notification dated 16th april, 1951.considering the submissions, when the learned advocate general assured this court that the evacuee property or a part thereof so declared by the notification dated 16th april, 1951 will not be permitted to be encroached by anyone in any manner, we see no justification to .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR717
..... judges in delhi laws case and for reasons already given by us. while discussing the majority view relating to the validity of the latter portion of section 2 of part c states (laws) act, 1950, in delhi laws case, these observations cannot be read as laying down an absolute or general proposition that power can never be delegated to ..... observations of mukherjea j., must apply equally in regard to the observations of bose j. these observations made in the context of a section like section 2 of the part c state (laws) act, 1950, cannot be regarded as laying down any absolute or general proposition of universal application. in each case we must inquire whether the delegation of ..... of an essential legislative power but that observation must be read in the context of the wide uncontrolled power to repeal and amend given under section 2 of the part c states (laws) act, 1950, which was the section of which the validity was in question before the learned judge. as a matter of fact it is clear from .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... the territories of travancore cochin and the state of madras. a new part c state comprising the laccadive, minicoy and amindivi islands wasconstituted. a new state of mysore was formed out of the territories of the previous state of mysore and the state of coorg and some of the territories of the previous state of bombay, madras and hyderabad. a new state of bombay wasconstituted having territories drawn from ..... in the act in relation to the jurisdiction, powers, authority, practice and procedure of the high court of gujarat.33. chapter ix of the act is headed as 'legal and miscellaneous provisions' section 87 is material for the purpose of disposing off the question before this full bench and deserves to be quoted in full. it is as follows:'87. territorial .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj149; (1979)0GLR268
..... limitation for the institution of the suit, section 30 enabled the plaintiffs to institute the suit within a period of two years after april 1, 1951. the part b states (laws) act, 1951 while extending the indian limitation act, 1908 to hyderabad thus allowed the plaintiffs reasonable time to institute the suit for recovery of the property ..... the supreme court in two cases. in ramprasad dagadurarn v. vijiykumar motilal : air1967sc278 , the question of section 30 of the limitation act of 1908, inserted by part b states (laws) act.1951, arose for consideration. that section provided as follows:'notwithstanding anything herein contained, any suit for which the. period of limitation prescribed by this act ..... in force, there was no limitation for a suit for recovery of wakf property, as by virtue of see. 29 (c) of that limitation act, such a suit was outside the act. on 1-4-1951, part b state (laws) act, 1951 came into force and extended the limitation act to hyderabad. on 3-2-1956, the mutwali .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj87; (1964)10GLR769
..... a mater enumerated in the union list, the central government; and as respects of other law, - in its application to a part ' a' state, the state government, and in its application to a part 'c' state, the central government'.in pursuance of the power conferred upon the central government by section 120 aforesaid, the saurashtra (adaption of laws on ..... be the same as immediately before the commencement or the constitution.therefore, it is common ground that, even after saurashtra was constituted a 'b' state and the provision of part vi of the constitution were applied. the appellate jurisdiction of the high court of saurashtra was regulated by secs. 21 and 22-a of the ..... saurashtra and judicial commissioner's court, kutch, shall stand abrogated as from the 1st november 1956 in the areas of the new state of bombay which before the1st november 1956 were parts of the state of madhya pradesh, hyderabad, saurashtra and kutch'.(5) now, the argument that section 22-a of the ordinance of 1948 applied .....
Tag this Judgment!Court : Gujarat
Reported in : 1993(42)ECC126; 1995(79)ELT367(Guj); (1993)1GLR5
..... 268 of the motor vehicles rules, 1940 which were framed under section 68 of the motor vehicles act. 1939 and held that the rules are part and parcel of the statute itself. further, the case of state of u.p. v. babu ram : 1961crilj773 , the court relied upon the following passage from maxwell 'on the interpretation of statutes', ..... does not exist with respect to the future exercise of fundamental rights.' 33. further, even in the case of m/s. rayala corporation (supra), air 1970 s.c. 494, the supreme court has not held that with regard to temporary statute or rules, the rights and liabilities accrued under the repealed statute are ipso facto terminated. ..... the rules of interpretation would not be applicable. the aforesaid aspect is considered by the supreme court in the case of d. k. trivedi & sons v. state of gujarat, air 1986 s.c. 1323 : : [1986]1scr479 . while dealing with the provisions of the general clause act and the rules framed under mines and minerals (regulation and development) .....
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