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 : Mumbai
Reported in : 1998(2)BomCR87
..... in this case, the constitutional validity of the indian electricity (assam amendment) ordinance, 1972 and the tinsukhia and dibrugarh electricity supply undertakings (acquisition) ordinance, 1972 were challenged. ..... since article 30(2) itself provided payment of compensation, when property was acquired preceding 251h constitution amendment act, 1971, this court interpreted the word 'compensation' as aforesaid, but when article 30(2) itself was omitted from the constitution, the question arise whether payment of compensation is a sine qua non for deprivation of property under article 300-a? ..... it would amount to saying that majority judgment in minerva mill's case held that it was beyond the legislative competence of the parliament to destroy the basic structure of the constitution and yet by declaring the constitution (42nd amendment) act void they brought into effect an article which destroyed the basic structure of the constitution. ..... the supreme court held that in pith and substance, the predominant purpose of the amendment act is to extinguish the pre-existing rights, title and interest in the land which includes the mines, minerals and quarries held by girasdars or brakhalidars and vest them in the state for public use. ..... union of india : [1981]1scr206 declared section 4 of the constitution (42nd amendment) act void on the ground that it damaged the basic and essential feature of the constitution. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom27; (1965)67BOMLR534; 1967CriLJ155; ILR1966Bom154
..... the indian electricity act first came on the statute book in march 1910, but it has undergone many changes since then and one of the changes with which we are concerned in this application was the amendment effected by the amending act no. ..... 32 of 1959, called the indian electricity (amendment) act, 1959. by s. ..... '(16) i would, therefore, set aside the conviction and sentence imposed on the accused by the learned magistrate and confirmed by the learned additional sessions judge for the offence under section 36 read with section 47 of the indian electricity act, 1910, and acquit him.fine, if paid, be refunded. ..... 33 of the indian electricity act, read with the relevant rules made thereunder, inasmuch as intimation of all the particulars required to be communicated in a written notice had already been communicated to the electrical inspector within 24 hours of the accident and that was enough compliance with the requirements of s. ..... 47 of the indian electricity act and sentenced both the accused to pay a fine of rs. ..... 5, poona, in a prosecution for having committed certain offences under the indian electricity act, 1910. ..... 33 of the indian electricity act. ..... 33 of the indian electricity act, 1910. ..... 1 is a company registered under the indian companies act and owns the electric supply limes in the city of poona and its surroundingd. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR215; 2008BusLR269(Bom); [2009]151CompCas548(Bom); [2008]82SCL460(Bom)
..... : 2001(4)alt694 , a division bench of the andhra pradesh high court was dealing with the remedy of criminal revision application and its negation in view of the amendments effected by the state of andhra pradesh by indian electricity (andhra pradesh amendment) act, 2000 and it is apt to reproduce the following observations of the division bench:in a country where democratic form of government is adopted, liberty of citizen is of paramount importance and our constitution provides for several procedural safeguards in that regard. ..... the parliament amended the sebi act by sebi (amendment) act, 2002 and the amendments were brought into force with effect from 29/10/2002 and as per the unamended section 26, the court competent to try the complaints for the offences under section 24 read with section 27 of the sebi act was the court of metropolitan magistrate or judicial magistrate of the first class. ..... the learned counsel for the accused, therefore, submitted that even though the sessions court has held that in the trial before it the accused in the committed cases, if found guilty, would be sentenced according to the old section 24, the law demands that the trial has to be conducted as per the amended act and which means that the complaint has to be tried by the metropolitan magistrate and it cannot be committed to the sessions court.20. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom510; (1958)60BOMLR807; 1958CriLJ1467; ILR1958Bom944
..... the municipality claimed that it was obligatory on the licensee under section 13(1) of the indian electricity act to give a notice of the intended works to the ..... section 13 applies, and that clause provides that in such cases the licensee shall give a forty-eight hours' notice to the municipality and then execute the proposed work -- in the present case the intended work -- fell within clause (a) and not clause (g), because the licensee wanted to set up new electric poles and not merely to repair, renew or amend existing works. ..... (1)(b) of section 13 provides that if the municipality intimates to the licensee its disapproval of the proposed works, or if the municipality intimates its approval subject to amendment, the licensee may appeal to the state government, and that the decision of the state government on the question in dispute shall be final. ..... . that clause, as stated earlier, relates to the repair, renewal or amendment of existing works without altering the character or position thereof, and the clause requires a licensee to give a forty-eight hours' notice before executing ..... sub-section (1)(a) excludes from its application certain types of works, and one such exception is where the proposed work consists of 'the repairs, renewal or amendment of existing works of which the character or position is not to be altered'. ..... where the proposed work consists merely of the repair, renewal or amendment of existing works without altering their character or position, clause (g) of .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR538; 2005(3)BomCR71; 2005(2)MhLj690
..... section 26(6) of the indian electricity act, 1910, conditions the jurisdiction of the electrical inspector on the existence of a difference or dispute on whether a meter installed at the premises of the consumer is or is not correct. ..... hence section 26(6) of the indian electricity act, 1910 is applicable in this matter and the supplementary bill of this meter cannot exceed for more than six months, and the electrical inspector can only decide the calculation of the amount of supply used.'11. ..... in the prefatory part of the order, the inspector recorded that the consumer objected to the amendment of the bill on the ground that the bill was 'excessively high'. ..... ' the first respondent was furnished an opportunity of producing documents in proof of the closure of the factory during the period 3rd may, 1994 and 20th december, 1995, the period of amendment. ..... the first respondent took time to produce documents in support of his submission that the factory remained closed during the period for which the bill had been amended. ..... a further meeting took place before the review committee on 23rd october, 1997 in which it was recorded that the first respondent had neither made any payment as requested, nor produced any document in regard to proof of closure during the period of amendment. .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]59STC165(Bom)
..... however, the said decision of the supreme court approved the ratio of the above-quoted decisions of the madhya pradesh and allahabad high courts, but held that one the nature of the notification before it the assessee's sale of pole and cables was covered by the explanation as the specified circumstances were sales to an undertaking supplying electrical energy to the public under the indian electricity act, 1910 and the specified conditions were that the goods were to be for the use by the undertaking in the generation or distribution of such ..... as against this, the contention of the learned government pleader was that in view of the amendment section 8(2a), the exemption granted to the petitioners under the said entry 68 of the second schedule to the goa sales tax act was not general and hence without going to the qualifications laid down in the explanation to that section, the petitioners would not be entitled to the benefit of section 8(2a) ..... basic rival contentions initially the provisions of section 8(2a) as it stood before the amendment prior to 1st april, 1973 and as it was after such amendment as well as the said entry 68 of the second schedule to goa sales tax act be set out.prior to its amendment which came into force on 1st april, 1973 section 8(2a) of the central sales tax act stood as under :'(2a) notwithstanding anything contained in sub-section (1) or sub-section (2), if under the sales tax law of the appropriate state the sale or purchase, as the case may be, of .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR157; 2004(1)MhLj1009
..... the clause 18 of the said conditions provides that if the consumer fails to pay any bill presented to him, the undertaking shall be at liberty to take action under sub-section (1) of the section 24 of the indian electricity act, 1910, and to cut off the supply after giving such a consumer not less than seven days clear notice in writing, without prejudice to its right to recover the amount of the bill by suit, and the supply once disconnected may not be reconnected unless the consumer pays the outstanding amount in addition to the ..... act provides that a licensee may, with the previous sanction of the state government, given after consultation with the state electricity board and also the local authority, where the licensee is not the local authority, make conditions not inconsistent with the said act or with his license or with any rules made under the said act, to regulate its relations with persons who are or intend to become consumers, and may, with the like sanction given after the like consultation, add to or alter or amend ..... procedure is prescribed to be followed in case of claims initiated against the consumers for recovery arising out of amendment cases due to defective meters, stopped meters, tampered meters, change ..... the weekly meeting of the review committee held on 16-10-1997, it was further clarified that the amendment to the demand was restricted to 'the concession of 50% consumption upto 31st of may, 1995, excluding april, 1995, the basis remaining same as decided in the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom79; (1996)98BOMLR915
..... according to him, the provisions of the indian electricity (supply) act were not complied with which rendered the clearance granted by the cea irregular. ..... of maharashtra guarantee, dated 20-12-1994 and the state support agreement dated 24-6-1994 are per se violative of the provisions of the constitution and/or law and, or are contrary to public policy and as such void; (c) that this hon'ble court may be pleased to declare that the contractual provision with respect to arbitration contained in the amended ppa, the government of maharashtra guarantee and the stale support agreement are contrary to section 28 of the contract act and section 47 of the arbitration act, 1940 and are null and ..... to give effect to the same, the electricity (supply) act, 1948 was amended by the electricity laws (amendment) act, 1991 to enable private parties to set up generating companies for the establishment, operation and maintenance of generation stations. ..... it is also contended that even if concurrence or clearance was granted to the original ppa, there was no fresh clearance or concurrence obtained from the cea under section 31 of the act to the amended or supple-mentary scheme. ..... shanti bhushan, learneti counsel for the petitioners, to amend the writ petition was granted and liberty was given to the respondents to file further reply to the allegations levelled by the petitioners if they so desired. ..... the writ petition was amended by the petitioners thereafter. ..... 1993 as amended from time to time. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom369; (1978)80BOMLR218
..... it was further mentioned that the appellants were disputing the claim of the undertaking bona fide and therefore the electricity supply of the appellants could not be disconnected under the provisions of section 24 of the indian electricity act, 1910 (hereinafter referred to as 'the electricity act' for the sake of brevity). ..... the further amendment sought also seeks toraise the contention that the provisions of the electricity act are violative of article 14 of the constitution inasmuch as there are two remedies provided to the licensee, two choices, without any principles for the guidance of the licensee. ..... under the said amendments the petitioners also sought to raise the contention that the provisionsof section 24(1) of the electricity act constitute an unjustified barrier on the freedom of trade and commerce and were violative of articles 301 to 305 of the constitution of india. ..... it may be further mentioned that two amendments were sought to be raised on 8th march 1973 and in the second amendment by the addition of para (e-ii) new allegations pertaining to the purported practice of the 1st respondents were sought to be made. ..... it is true that in an appropriate case amendment can be permitted even at a belated stage; but that would be a discretion to be properly exercised depending upon the nature of the claim for justice before the court, the conduct of the parties and the substance in the amendment sought for. .....
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