Court : Karnataka
Reported in : 2004(3)KarLJ337
..... the regulations were further amended by notification dated 4-11-1998 and the writ petition was amended to challenge the above said regulations as amended contending that their provisions are arbitrary and violative of article 14 of the constitution and ultra vires the powers of the board under sections 49 and 79(j) of the electricity (supply) act, 1948 (hereinafter called the 'supply act') and rule 27 of the indian electricity rules and annexure-vi to the rules.3. ..... and terms and conditions for the supply of electricity, the board shall not show undue preference to any person'.in its application to the state of karnataka, after sub-section (4) of section 49, the following sub-section has been inserted:'(5) the party to an agreement or any other arrangement entered into prior to the commencement of the electricity (supply) (karnataka amendment) act, 1981 and providing for supply of electricity by the board shall, notwithstanding anything contained in the instrument of agreement or other arrangement or in any law including this act, in force at such commencement, pay .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3789; 1991(3)KarLJ609
..... it was held in that decision that the electricity (supply) (karnataka amendment) act 1981 operates in a different field and does not cover the questions of taxation and therefore the terms governing reimbursement and indemnification are not nullified by that enactment although the contract in other respects was not enforced in relation to the rates. ..... and in those altered circumstances, so recognised by section 3 of the repealing act 10 of 1981, the decisions in the writ petitions, even though they had not been appealed against, because irrelevant and incapable of coming in the way of the enforcement of the provisions of the 'principal act'.in this view of the matter, with the utmost respect to the learned judges of the allahabad high court, we are unable to bring ourselves to fall in line with the view taken by them in the indian milk products case. ..... it was argued by the learned counsel for the petitioners that in the decision in indian aluminium company's case between the very parties in this petition it has been held that there is no unjust enrichment on the part of the petitioners and clause 6(c) of the agreement is not entered into as one arising out of the exemption clause white the decision mandates the performance of an obligation arising out of the contract, the impugned enactment relieves such obligation. .....
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 ..... amendment) act, 2001 and is empowered to try all offences under the indian electricity act, 1910 as amended by ..... it was the further contention of the learned advocate that the earlier charge framed against the petitioner in january, 2003 under sections 39 and 44 of the indian electricity act, 1910 is bad in law and the special court cannot proceed without framing a fresh charge in view of the provision of the new act of 2003 namely electricity act of 2003 ..... to try the offences under the indian electricity act was given to the special court by section 39g of the indian electricity (w. b. ..... of 2001) under section 379 ipc read with sections 39 and 44 of the indian electricity act, 1910.2. ..... 2003the governor has been pleased to accord sanction to the retention of the existing 24 (twenty-four) special courts under essential commodities act, 1981 permanently w.e.f. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN672
..... 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. ..... 685-j/x dated 17th november, 2003 made the position more clear and the said notification envisages that all the judges of the special courts are empowered to try all offences under the indian electricity (west bengal amendment) act, 2001 also in terms of section 153 of the electricity act, 2003. ..... 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. ..... the said notification runs as follows:the governor has been pleased to accord sanction to the retention of the existing 24 (twenty-four) special courts under essential commodities (special provisions) act, 1981 permanently w.e.f. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALD703
..... the powers conferred under section 37a of the indian electricity act, 1810 as amended by the indian electricity (andhra pradesh amendment) act, 1984 (act 26 of 1984) (for brevity the act), the government of andhra pradesh made the regulations for issuing of licence to the electrical contractors and issuing certificates of competency and permits to supervisors and wiremen and conditions therefor as required under section 45 of the indian electricity ..... amendment) act, 26 of 1984 for issuing licences to electrical contractors and certificate of competency and permits to the supervisors and wiremen and conditions thereof as required under section 45 of the indian electricity ..... amending regulations 5 and 46, the board cannot exercise its powers to issue the circulars impugned in this writ petition, which is clearly in violation of regulations 5 and 46 enacted under the conferment of powers under section 37-a of the indian electricity ..... and technology (pr.ii) department dated 2-1-1987 under rule 45 of the indian electricity rules, 1956 the andhra pradesh electrical licensingregulations, 1987 (for brevity the rules, 1987) were issued providing for issuing licences to the electrical contractors to issue certificate of competency and permits to supervisors and ..... amendment) act, 1984 and in its wisdom has given power to the secretary or his representative to sign and receive the wrs.1 and 2, as submitted by the electrical contractors before the commencement of the work and after completion of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj30; (1964)0GLR82
..... amin contends, that the establishment must be one notified under sub-section (1) of section 22a, it cannot possibly be fulfilled in a case where the agreement has been entered into prior to the commencement of the indian electricity (amendment) act, 1959, for section 22a itself having been introduced in the indian electricity act, 1910 by the indian electricity (amendment) act, 1959 no establishment could be notified under sub-section (1) of section 22a prior to the commencement of the indian electricity (amendment) act, 1959. ..... that the plaintiff did not satisfy this description of the establishment referred to in sub-section (i) of section 22-a inasmuch as the name of the plaintiff was not notified by the state government in the official gazette under sub-section (i) of section 22-a, and the provisions of sub-section (3) of section 22-a did not, therefore, apply even though the agreement dated 14th august, 1940, was an agreement by a licensee made before the commencement of the indian electricity (amendment) act, 1959, for the supply of electrical energy with the plaintiff and it expired after the coming into force of the indian electricity (amendment) act .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR177; 1968MhLJ185
..... a local authority, the state electricity board shall,-(a) in the case of a license granted before the commencement of the indian electricity (amendment) act, 1959, on the expiration of each such period as is specified in the license; and(b) in the case of a license granted on or after the commencement of the said act, on the expiration of such period not exceeding twenty years and of every such subsequent period, not exceeding ten years, as shall be specified in this behalf in the license; have the option of purchasing the undertaking and such option shall be exercised by the state electricity board serving upon the licensee a notice ..... in writing of not less than one year requiring the licensee to sell the undertaking to it at the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal222,84CWN35
..... (ii) after sub-section (5), the following sub-section shall be added, namely :-- '(6) where a notice exercising the option of purchasing the undertaking has been served upon the licensee before the commencment of the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) and the undertaking has been purchased thereafter, the amount payable to the licensee on account of the purchase of the undertaking shall be determined in accordance with the provisions of section 7a of the indian electricity act, 1910 as substituted by the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) as if the last mentioned act was then in force and it shall be deemed to have been always ..... amendment of section 6 of act ix of 1910 -- in section 6 of the indian electricity act, 1910 (act ix of 1910) as substituted by the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975)- (i) to sub-section (4) the following proviso shall be added, namely:-- 'provided that -- (a) the state electricity board or the state government, as the case may be, shall pay or tender payment of the amount referred to in sub-section (5) of this section as soon as the amount has been determined, together with interest on such amount from the date of purchase to the date of payment or tender of payment as aforesaid at the rate of one per centum above the average of the reserve bank .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1988Cal336
..... (6) where a notice exercising the option of purchasing the undertaking has been served upon the licensee before the commencement of the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) and the undertaking has been purchased thereafter the amount payable to the licensee on account of the purchase of the undertaking shall be determined in accordance with the provisions of section 7a of the indian electricity act, 1910 as substituted by the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) as if the last mentioned act was then in force and it shall be deemed to have been always in force.' 39. ..... 1 including 10% solatium and interest up to the 13th july 1981 under the said amendment and validation acts.17. ..... 1981, the writ petition out of which this appeal arises was filed by the respondents i, 2 and 3 in this court against the appellant, the state of uttar pradesh, the respondent 4 and the special officer the respondent no. ..... 1 and on the 13th july 1981 the special officer assessed the value of the undertakings of the respondent no. 1 at rs. ..... 13th july 1981 was also under challenge by the appellant in a writ petition filed in the high court of allahabad. ..... 13th july 1981 and all communications made pursuant thereto so that the same may be quashed as void, illegal, of no effect and not binding. 18. ..... 1981, a rule nisi was issued on the said application.27. ..... 13th july 1981. .....
Tag this Judgment!Court : Guwahati
..... being a local authority, the state electricity board shall -- (a) in the case of a license granted before the commencement of the indian : electricity (amendment) act, 1959 (32 of 1959) on the expiration of each such period as is specified in the license; and(b) in the case of a license granted on or after the commencement of the said act, on the expiration of such period not exceeding twenty years and of every such subsequent period, not exceeding ten years, as shall be specified in this behalf in the license; have the option of purchasing the undertaking and such option shall be exercised by the state electricity board serving upon ..... the licensee a notice in writing of not .....
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