Court : Supreme Court of India
Reported in : AIR2002SC3699; JT2002(8)SC361; 2002(7)SCALE483; (2003)1SCC341; [2002]SUPP3SCR323
..... before we enter the discussion, it is made clear that the determination of rates of royalty for supply of forest produce to paper mills is not governed by any statute or a statutory order. ..... to consider the factors relating to the fixation of royalty rates on the forest produce to be supplied to the wood based industries on a sustained basis and to make recommendations to the government, a committee was constituted consisting of:1secretary to government, forests & rural development departmentchairman2joint secretary, industries & commerce departmentmember3deputy secretary, finance & planning departmentmember4managing director, a.p. ..... it was submitted that the revision in the rates of royalty had been made in accordance with the conditions of the agreement entered into between the parties and that, in such a case, article 14 of the constitution has no application.9. ..... in such a situation, fixation of an 'impossible' price, which the mills cannot bear, would be an unreasonable and arbitrary act on the part of the government requiring the stepping in of the courts. ..... 3927 of 1987 filed by sree rayalaseema paper mills ltd. ..... : [1987]2scr841 examined the scope of judicial interference in the matters of price fixation and observed:'we start with the observation, 'price fixation is neither the function nor the forte of the court'. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom155; 1994(3)BomCR482
..... this factor has been clearly brought out now in the maharashtra supply of forest-produce by government (revision of agreements) act, 1982. ..... accordingly, the state government has published rules known as the maharasthra supply of forest-produce by government (revision of agreements) rules. ..... thereafter, however, the maharastrasupply of forest-produce by government (revision of agreements) act, 1982, has been passed by the state of maharashtra. ..... under section 3, notwithstanding anything contained in any law and in any agreement subsisting on the dale of commencement of the act, it shall be lawful for the state government, from time to time, to amend any of the terms and conditions of such agreement, for one or more of the following purposes:'(a) to provide for a revision or a periodical revision of the price or rate for sale or supply of forest-produce to the purchaser, where such agreement does not provide for any such revision or periodical revision, as the case may be, and, where such periodicalrevision ..... it is only relevant to note that despite the agreement which remained in force till 1st september, 1993, from the year 1987 onwards the respondents have not offered and the petitioners have not purchased timber from the respondents but have purchased the same from the open market. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1997(6)SC97; 1997(4)SCALE515; (1997)7SCC592; [1997]Supp1SCR671; 1997(2)LC438(SC)
..... the state government referred all the matter in dispute arising out of the said termination to the nationalised forest produce inter department committee. ..... sal seeds as a forest produce was brought under the monopoly of the state government with effect from may 5, 1975 under m.p. ..... kale has submitted that sal seeds is a seasonal natural forest produce grown in the government forests in m.p. ..... the learned counsel has also submitted that even after meeting the commitments of the state government for supply of sal seeds in terms of the agreements in force to the selected units, there will be some surplus of sal seeds for distribution to other units. ..... the royalty to be paid by the said respondent for the sal seed to be supplied by the state government under the impugned agreement is absolutely minimal and much less than the auction price for sal seed. ..... acted mala fide in treating only few of the industrial units of the state in a very favoured manner by entering into fresh agreements for supply of 50,000 m.t. ..... even in 1981 when the old policy of 1981 was revised it was indicated that after meeting the annual allotments of 10000 m.t. ..... 1030/- for the block period of two years from november, 1987 and november, 1989. ..... 1030/- for the three blocks of 1983-85, 1985-87 and 1987-89 respectively. dr. ..... for 1987-89 block have ever been upheld by any court. ..... (1987 (2) scc 295 para 34, 40), brij bhushan vs. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker145
..... committee which is constituted as per section 4 (1) of the act shall, in making its recommendations, have regard to (a) the market price of the forest produce; (b) the cost of regenerating and maintaining the forest produce in cases where regeneration is necessary after selling the forest produce; and (c) such other matters as may be prescribed, section 5 of the act says that after the date of the publication of the notification under sub-section (2) of section 3, no forest produce shall be sold by the government or any forest officer at a price which is less than the ..... according to them, the agreement provides for the price for soft wood species covered by the act shall be payable by the allottees at the rates fixed in the notification of 1-12-1980 and that the same shall be liable to revision when government so ordered. ..... 42, the purchaser is liable to pay higher rates for the timber supplied against the quota if so ordered by govt. ..... regarding the agreement what was said in the agreement was:--'for supplies the value of soft wood will be realised at the rates specified in g.o.ms. no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... forests (res) department, dated 30.9.1994, the government after consultation with the electricity board, held that a power producer in the non-conventional energy sector, who has been given permission to establish a wind power station, is not a person engaged in or about to engage in the business of supplying energy to the public within the meaning of section 28(1) of indian electricity act, 1910 and directed that the developer of non-conventional energy who feeds the power to board's grid in terms of an agreement ..... for all these reasons, we hold that collection of charges for wheeling the energy generated by the generating companies to its consumers do not fall under section 26 of the reforms act, as contended by the commission, and at any rate the action of the commission in revising the wheeling charges without consulting the advisory committee vitiates the whole proceedings.whether collection of wheeling charges - an annual exercise :379. ..... as far as non-conventional power generating plants are concerned, general assembly of united nations at its 96th plenary meeting held, on 11th december, 1987 in item 42/186 - environmental perspective to the year 2000 and beyond, having considered the report of world commission on environmental perspective recommended the following action:renewable energy sources should receive high priority and should ..... india limited, air 1987 sc 1802:'we do not agree with the basic premise that price fixation primarily affects manufacturers and producers. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2298; (1971)1SCC79; [1971]2SCR564; 1971(III)LC20(SC)
..... noted that the agreements in these appeals relate to the exploitation of certain forest produce. ..... to him, has become unavailable or refused to act; but any way the applicability of that clause in a particular case, must be determined by the test laid down in the section itself; the test is that the arbitration agreement must not show that it was intended that the vacancy should not be supplied; in other words however individual, the original choice may appear to be, if the agreement itself contains sufficient indication that the parties nevertheless ..... the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy.section 20 reads thus :'(1) where any persons have entered into a arbitration agreement before the institution of any suit with respect to the subject-matter of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under chapter ii, may apply to a court having jurisdiction in ..... ) after referring to the various decisions rendered under section 8(1)(b) and section 20(4) of the act and noticing the conflict of the judicial opinion rejected the revision petition solely on the ground that he would not be justified in the exercise of his revisional powers in setting aside the view taken by ..... shall proceed in accordance with, and shall be governed by, the other provisions of this act so far as they can be made applicable.'4. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP293; 1973MPLJ832
..... it was further held that 'if however there be any lacuna in the form of these documents', since the contracts were ratified by the state government, which had authorised the deputy commissioner to dispose of the forest produce and also allowed the plaintiff to exploit the forests according to the terms of the sales, there was no bar to the right of the state government to realise due from the plaintiff. ..... ' it held that the contracts had been ratified by the state government which had authorised the deputy commissioners to dispose of the forest produce and also allowed the appellant (viz. ..... requiring the specific mention of the words 'on behalf of the governor' at the place where the authority authorised by the governor to enter into the contract has to append his signature it is not possible to hold that the agreements in the present case did not fully comply with the requirement of article 299(1) of the constitution.'14. ..... their lordships then laid down that if money is deposited and goods are supplied or services are rendered in terms of a void contract, the provisions of section 70 of the contract act may be applicable for which three conditions were to be fulfilled. ..... the petitioner's contention in this revision is that the decision in the letters patent appeal operates as res judicata. ..... in the result, this revision is allowed with costs. ..... in this revision, the defendant-state has challenged the decision of thetrial court on the question of res judicata.2. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad371
..... said factual averments, claims and contentions of the appellant-company, the respondents in their counter affidavit contended that the supply of electrical energy to the appellant-company is governed by the agreement dated 6-10-1978 entered into by them with the tamil nadu electricity board which specifically provided that the rates for supply are subject to revision from time to time, that the difi'erence of 5 paise in respect of the appellant-unit on account of the location of the appellant ..... tamil nadu act 1 of 1979 in the matter of revision of rates and therefore the doctrine of promissory estoppel would not be available to the appellants against the state in exercise of its legislative or statutory functions; (c) that since subsequent to and notwithstanding the letter of the government dated 29-6-1976, the appellant company and the tamil nadu electricity board entered into an agreement on 6-10-1978 containing the terms and conditions of supply of energy under which there was not only specific stipulation ..... : [1989]3scr257 is concerned the reasonableness of nullification of contractual rights involving transfer by revision of property and taking away the privilege or right to exploitation of a particular forest produce was considered in the context of infraction of the property right secured under art. ..... air 1987 11; '..... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1128; [1963]Supp2SCR127
..... these two points are - (a) what are the powers of the board or its predecessor government to revise the rates for the supply of electric energy and can a dispute be raised by the textile mills with regard to such revision; and (b) what are the provisions in the two acts for the settlement of disputes by arbitration and who are the persons who can be parties to such a dispute in considering the aforesaid two points, a distinction has to be kept in mind. ..... . what were the powers of the state government to revise the rates in 1953-1956 no provision of the 1910 act as it stood at the relevant time has been brought to our notice which imposed any restriction on the state government in the matter of charging for the electric energy which it supplied, though s ..... of the writ petitions, they raised two main contentions : (a) firstly, that the government of mysore had 'no right to increase the rates for supply of electrical energy in the manner they have done'; it was stated that there were prior agreements (referring to the agreements of 1945) and the supply had to be made at the same old rates since all the terms and conditions of the agreements were observed by both the parties; (b) secondly, it was stated that the increase ..... . the latter act deals with the grant of licenses to produce electrical energy, and contains provisions for the supply, transmission and use of electrical energy by licensees and non-licensees and generally with matters connected thereto .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC127; (1976)2SCC167; [1976]2SCR307
..... clause 13 reads as follows:the tariff and conditions of supply mentioned in this agreement shall be subject to any revision that may be made by the supplier from time to time. ..... : (1975)2scc436 this court further observed as follows:questions such as: whether the board has power under clause (13) of the agreement to levy any coal surcharge at all when no such power was conferred on it by the act, whether the action of the board in levying the coal surcharge on the appellant under clause (13) of the agreement was arbitrary and unreasonable or whether it was based on extraneous and irrelevant considerations and whether, on the facts and circumstances of the ..... on april 1, 1962, the orissa state electricity board (briefly the board) was constituted by the state government under section 5 of the electricity (supply) act, 1948 (briefly the act). ..... under section 60(1) of the act 'all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for the state government for any of the purposes of this act before the first constitution of the board shall be deemed to have been incurred, entered into or engaged to be done by, with or for the board.... ..... ' by this section, there fore, the board assumed all obligations of the state government in respect of matters to which the act applied. .....
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