Court : Madhya Pradesh
Reported in : AIR1983MP1
..... learned counsel for the petitioner has repeated the same contentions before us and has argued that in the absence of any decision by the electrical inspector under section 26(6) of the indian electricity act, 1910, it was not open to the board to make a revised demand.3.section 26(1) provides that in the absence of an agreement to the contrary, the amount of energy supplied to a consumer shall be ascertained by means of a correct meter and the licensee shall, if required by the consumer, cause the consumer to be supplied with such a meter. ..... the learned counsel for the respondents also referred to us clause vi (3) of the schedule to the act which reads as follows :--'where any difference or dispute arises as to the amount of energy to be taken or guaranteed as aforesaid, or as to the cost of any service-line or as to the sufficiency of the security offered by any owner or occupier or as to the position of the meter board or as to the improper use of energy, or as to any alleged defect in any wires, fittings, works or apparatus or as to the amount of the expenses incurred under the third proviso the sub-clause (1), the matter shall be referred to an electrical inspector and decided by him. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1983MP93
..... an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with-- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or(ii) any requisition for the resumption of supply of energy to a consumer after a period of six months, from the date of its discontinuance, or(iii) any requisition for the resumption of supply of energy made ..... was only them by letter (annexure j) dated 15-9-1981), that the company, for the first time, raised objection to the assessment made by the divisional engineer in the manner it has been done in the petition. ..... .97 for the periods between 12-11-1979 and 30-6-1981; a direction for making fresh calculation and adjustment in accordance with law, which would include the question of refund of any excess payment made by the petitioner; and quashing of the blanket prohibition against supply of power during emergency under clause 3, proviso (iii) of the generation order contained in the orders dated 13-10-1980 and 25-7-1981.8. ..... for this period between 1-8-1980 and 30-6-1981, the unpaid balance remaining due from the company under the bills issued, amounts to ru-pees 1,04,46,501 ..... this petition was filed on 6-8-1981 and by virtue of the stay order dated 7-8-1981, the status quo ordered thereby continues .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ12
..... it is the stand of the petitioner that as the meter was not recording proper consumption, it shall be a defective meter and the petitioners having invoked the jurisdiction of the electrical inspector as provided under section 26(6) of the indian electricity act, 1910, the respondent's action in raising additional bill and threatened disconnection are illegal.7. ..... 3 in making inspection was without following the mandate under section 20 of the indian electricity act (hereinafter referred to as the act) and no prior information was given to the petitioner. ..... it is relevant here to state that section 20 of the indian electricity act, 1910 confers power on respondents to enter premises and remove fittings and other apparatus after informing the occupier of its intention. ..... this view is buttressed from the explanation to sub-section (7) of section 26 of the electricity act, the relevant part whereof reads as under :-'a meter shall be deemed to be correct if it registers the amount of energy supplied, or the electrical quantity contained in the supply, within the prescribed limits of error.....the question who is responsible for the defective wiring is not material for the purpose of section 26(6) of the act. ..... chhaganlal, 1981 mplj 417 = air 1981 mp 170 wherein this court enunciated the law in the following words :-'9. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ691
..... in case where sanctioned scheme does not make such provision, the matter is governed by sections 12 to 19 of the indian electricity act, 1910. ..... the case of the appellants appears to be that section 42 of the electricity (supply) act, 1948 confers upon them all the powers which the telegraphic authority possesses under part iii of the indian telegraph act, 1885 and therefore, their action is legal and justified under section 10 of the said act. ..... section 42 of the electricity (supply) act, 1948 vests in the appellant's board all powers which telegraph authorities possess under part iii of the indian telegraph act, 1885 with regard to a telegraph established or maintained by the government or to be so established or maintained, only where provision in this behalf is made in a sanctioned scheme. ..... electricity board, 1970 mplj 588, it has been held that a public authority has no power to invade private property or effect the rights of owners of such property unless the powers are conferred by law, incidentally, this was also a case against the appellant board where this court, on examination had held that the powers under section 10 of the telegraph act alone are not the powers available to the appellant board under section 42 of the electricity supply act. ..... before the insertion of this article by fortyfourth constitutional amendment act, 1978, this right was a fundamental right and could not be taken away except by following the provision of article 31 of the constitution. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP47; 1972MPLJ199
..... sinha, former chief justice of india, was the umpire in the arbitration under section 7a(1) of the indian electricity act, 1910.4. ..... 2:-- while holding that no interest can be awarded under the provisions of the electricity act, 1910 the umpire has nonetheless allowed interest at 6 per cent per annum 'on equitable considerations', from 5th may 1966 till the date of payment of the amount in full, on the ground that the delay in determining the purchase price would not have occurred, if the parties had prosecuted the proceedings with due diligence. ..... though the provisos were inserted by the electricity (supply) amendment act, 1966, which was not retrospective in operation and were not in force on the 1st may, 1964, the date of vesting of the undertaking in the board, yet the provisos would still operate as they were in existence on the date of the award. ..... then, there is the question whether the board is entitled to deduct from the purchase price the three funds which the licensee was required to maintain under the 6th schedule of the electricity (supply) act, 1948 (i) the tariffs and dividends control reserve; (ii) the contingencies reserve and (iii) the development reserve. ..... (4) tf the umpire had no jurisdiction to award interest under the electricity act or otherwise, whether the district judge could grant interest from the date of the award or should he have awarded interest from the date of the decree, as per section 29 of the arbitration act? .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT32; 2006(1)MPLJ188
..... since the notice issued through registered post came back unserved, it was open to the board to take resort to section 53 of the indian electricity act and to affect the service by leaving the notice at the registered address of the defendant or at the place of abode or business of the defendant. ..... before arriving at a finding, it is important to see whether the indian electricity act, 1910 contains a provision about service of notice required under the said act. ..... a perusal of the aforesaid provision makes it clear that the service of notice required to be made for the purpose of indian electricity act, 1910 may be effected through post or may be effected by leaving the notice at the registered address of the company or at the place of abode or business of the consumer. ..... in the present case, the notice and various documents are on record which are liable to be taken into consideration more so, in the light of section 114 of the indian evidence act for determining the question of service of notice. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP82; 1995(0)MPLJ1031
..... the first contention is that the notice of discontinuance of supply violates section 24 of the indian electricity act, ..... in fixing the uniform tariffs, the board shall have regard to all or any or the following factors, namely--(a) the nature of the supply and the purposes for which it is required;(b) the co-ordinated development of the supply and distribution of electricity within the state in the most efficient and economical manner, with particular reference to such development in areas not for the time being served or adequately served by the licensee;(c) the simplification and standardisation of methods and rates of charges for such supplies;(d) the extension and cheapening of supplies of electricity to sparsely ..... 49 reads as follows :'section 49-- provision for the sale of electricity by the board to persons other than licensees--(1) subject to the provisions of this act and or regulations, if any, made in this behalf, the board may supply electricity to any person not being a licensee upon such terms and conditions as the board thinks fit and may for the purposes of such supply frame uniform tariffs. ..... the respondents have also produced copy of resolution of the board which led to the impugned amendment ..... going by the impugned amendment, tariff applicable to textile mill cannot apply to the petitioner's mill ..... vide notification dated 29-11-1986, the earlier notification dated 1-6-1986 was amended retrospectively with effect from 1-6-1986 adding a clause regarding applicability of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]140ITR677(MP)
..... act, 1961, (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, has referred the following questions of law to this court for its opinion : (1) whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the amount of compensation became payable to the assessee on the promulgation of the indian electricity (madhya pradesh) amendment ordinance, 1974, published in the m.p. ..... the provisions of the gwalior electricity act, and the indian electricity act, 1910, were not applicable to the assessee's case (2) whether, on the facts and in the circumstances of-the case, the tribunal was correct in law in holding that there was no case for interference under section 263 with the assessment order of the ito (3) whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that when the assessment order, which had been the subject-matter of an appeal to the aac and the tribunal, had not merged in the order of the appellate ..... narpat singh malkhan singh : [1981]128itr77(mp) , on the other, and that different opinions were expressed by different highcourts on this important question. ..... narpat singh mulkhan singh : [1981]128itr77(mp) '.18. ..... narpat singh malkhan singh : [1981]128itr77(mp) . 13. ..... narpat singh malkhan singh : [1981]128itr77(mp) . ..... narpat singh malkhan singh : [1981]128itr77(mp) . ..... narpat singh malkhan singh : [1981]128itr77(mp) . .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992CriLJ3745
..... ) has been vested with powers and obligations of the 'licensee' contemplated under the indian electricity act, 1910. ..... to a certain extent, shri bhargava is right because the prosecution concerns theft of electricity and yet the special provision of section 39 of indian electricity act, 1910, for short, the 'act', has apparently been over-i looked in passing the impugned order. ..... however, what i find from records is that in drawing up the charge in the statutory form, care was taken by the trial court to make the position clear that the accused was required to stand trial for the charge under section 379, ipc read with section 39, indian electricity act.3. ..... those are obviously not affected in any manner by the provisions of section 50 because under the 1948 act, generation and supply of electricity by the board throughout the state is entrusted to the board and the board, for the management of its affairs, can appoint such servants and officers as may be necessary and expedient for due discharge of board's obligations in exercise of its powers in respect to supply and generation of electricity. ..... true, reliance is also placed by shri khot, besides avtar singh, on a decision of a learned single judge of this court in jhalkan singh, 1981 mplj 409 : (1981 cri lj 1230), but that itself is' based on avtar singh's case and does not expose any new dimension of law despite, of course, the decision running counter to the view expressed in suleman and surendra singh (both; supra). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(3)MPHT366; 2004(4)MPLJ63
..... the owner of the premises or even the occupier of the premises, as stated under rule 2 (af) of the indian electricity rules, becomes liable to pay the consumption charges together with other dues. ..... we are afraid the high court had not read section 24 in conjunction with other statutory provisions though they had been noted, namely, section 26 of the supply act; section 22 of the electricity act and clause vi of schedule to the electricity act. ..... the failure of the board to recover the dues as and when such dues arose, is a point to be put against it.turning to the instruction issued by chairman of the board and a circular dated 19-1-1972 on which the high court had relied, in our considered view, is again to be weighed, against the electricity board.in view of above, we hold that the decision in souriyar luka on which reliance is placed by mr. ..... [(1995) 2 scc 648], wherein the apex court considering similar circumstances held :--'in all the present cases the supply of electricity to a particular premises which had the benefit of enjoying electricity had been disconnected under section 24 of the electricity act. ..... 2 also executed a deed of amendment in lease deed on 27-1-2001 in favour of petitioners annexure p-3. .....
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