Judgment Search Results Home > Cases Phrase: the indian electricity mah amendment act 1981 Court: patna Page 1 of about 149 results (0.140 seconds)

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court : Patna

Reported in : AIR2010Pat29,2010(58)BLJR175

..... since the amendment and the notifications are found to be inoperative, it is obvious that the duty will be payable as per the schedule which was in vogue by virtue of the bihar electricity duty (amendment) act, 1993.20 all the writ petitions are allowed, to the extent indicated above. ..... obligation to keep books of account and to submit returns: every licensee, and every other person, who is liable to pay duty under sub-section (4) or (4a) of section 4, shall--(a) keep books of account in the prescribed forms; and (b) submit returns in such form and at such times and to such officers as may be prescribed.1.4 the schedule, which was specified in the original act, was subsequently amended by virtue of the bihar electricity duty (amendment) act, 1993 (act 15 of 1993). ..... while the matters stood thus, the act was amended by the bihar electricity duty (amendment) act, 2002, whereby the schedule was deleted and section 3(1) was amended. ..... the indian oil corporation has also filed separate writ petitions viz. ..... in decision reported in indian aluminium co. .....

Madan Mohan Sharma and ors. Vs. State of Bihar and ors.

Court : Patna

..... the governor of bihar, vide notification dated 16th, september, 1969, issued under section 51 of the indian electricity act, 1910, has conferred powers which the telegraph authorities possess under sections 10 to 19 (both inclusive) of the indian telegraph act, 1885, on dvc for the purpose of placing the electric supply lines, appliances and apparatus for the transmission of energy. ..... in the present case, the high tension cables have been laid down over the land of the petitioners in exercise of the powers under sections 10 to 19 of the telegraph act conferred on dvc by the governor of bihar under section 51 of the indian electricity act. ..... the indian electricity act provides for payment of adequate compensation not only for the damage to the property but also for detriment or inconvenience caused, while exercising any power conferred by or under the said act.17. ..... that apart, section 19 of the indian electricity act has provided for 'compensation' for any damage, detriment or inconvenience caused by the licensee, while exercising any of the powers conferred by or under the said act. ..... , the indian telegraph act and the indian electricity act. ..... rule 77 of the indian electricity rules has provided for clearance above ground of the conductors. ..... (a) there is no fuhdamental right to property after repeal of articles 19(1)(f) and 31 of the constitution by 44th constitution amendment. ..... constitution amendment. .....

Tata Iron and Steel Company Limited Vs. State of Bihar and ors.

Court : Patna

..... (3) the licensee may, for the purpose of subsection (2), exercise the power conferred on a licensee by sub-section (1) of section 24 of the indian electricity act, 1910, (ix of 1910), for the recovery of any charge or sum due in respect of energy supplied by him. ..... the petitioner has filed this writ petition challenging the order passed by the appellate authority (annexure 2 to the writ petition) under the bihar electricity duty act, 1948, (hereinafter referred 10 as the act) holding the petitioner liable to pay the surcharge under section 3-a on the units of energy sold by it to its associate companies during the assessment years 1985-86 to 1988-89 (hereinafter referred to as the period in question). ..... but the case of the respondents is that section 3a as it was before its amendment requires payment of surcharge by the licensee only and the petitioner being the licensee has to pay the same. ..... after the amendment of section 3a of 1990 the surcharge is not being demanded from the petitioner on the electricity sold by it to its associate companies and the said companies as usual are paying both the duty and the surcharge.17. ..... from the time when section 3-a was introduced in the act till it was amended in 1990. ..... in 1990 section 3a was amended by the state act no. ..... section 3a as it stands after its amendment made in 1990 is as under :-- '3a. .....

Ajay Kumar Prasad Vs. Bihar State Electricity Board and ors.

Court : Patna

..... power to make regulations,- the board may make regulations not inconsistent with this act and the rules made thereunder to provide for all or any of the following matters, namely-(a) the administration of the funds and the maintenance of its accounts;(b) ** ** ** ** ** ** ** ** **(c) the duties of officers and other employees of the board, and their salaries, allowances and other conditions of service;section 79 of the act was amended by act no. ..... it is also submitted on behalf of the board that in exercise of the power vested in the board to make regulation not in consistent with the provisions of the electricity (supply) act, 1948, (hereinafter referred to as 'the act) the board has in fact issued standing order dated 29th july, 1983, whereby it has framed regulation in the same terms as rule 49(a) of the civil services (classification, control and appeal) rules, 1930. ..... this court by order dated 8.1.1993 quashed the order of suspension holding that since the board had not published any notification under section 79(c) of the electricity (supply) act, 1948, adopting rule 49(a) of the civil services (classification, control and appeal) rules, 1930, the board had no power to suspend its employee in contemplation of a departmental proceeding. .....

Shree Kishanganj Flour Mills (Pvt.) Ltd. Vs. the Bihar State Electrict ...

Court : Patna

..... the petitioner then filed an amendment petition stating that the action of the board in disconnecting his electricity line in violation of the mandatory provision of section 24 of the indian electricity act and without giving him seven days clear notice was invalid and illegal and, therefore, the petitioner would not be liable to pay any charges for the period of disconnection and the action of the board in putting him to bill even for the period of disconnection was unauthorized and unsustainable in law.12. ..... . according to section 24 of the indian electricity act, the electricity connection of the petitioner on the basis of this notice could be disconnected not before 18.8.2001 ..... . it was stated in the counter affidavit that disconnection notices under section 24 of the indian electricity act were earlier issued to the petitioner on 15.12.2000 and 1.2.2001 and the disconnection was made in pursuance of those earlier notices.37 ..... . a disconnection notice, dated 3.8.2001 was issued to the petitioner under section 24 of the indian electricity act ..... bill, dated 9.5.2001 before this court, it was presented with a disconnection notice, dated 3.8.2001 issued under section 24 of the indian electricity act. .....

Tenughat Vidyut Nigam Ltd. Vs. Union of India (Uoi) and ors.

Court : Patna

..... facts which are necessary for decision in the present application are that the state of bihar by resolution dated 10th of september, 1987 (annexure-2) resolved to establish tenughat vidyut nigam under the provisions of the indian companies act and the electricity (supply) act, 1948. ..... after coming into force of the bihar re-organisation act (hereinafter referred to as the act), the state of jharkhand by the impugned order dated 27.2.2001 (annexure-4) acquired the tvnl as its undertaking and also made amendment in its memorandum and article of association and declared that the expression 'bihar' and 'bihar rajya' be read as 'jharkhand' and 'jharkhand rajya' respectively. ..... : (1981)illj103sc and my attention has been drawn to paragraph 9 of the judgment, which reads as follows :--'9. ..... jha contends that the impugned orders are vitiated on the ground that although it had adjudicated to the right of the parties but in the impugned orders no reason has been mentioned, the question in the present case is as to whether the petitioner comes within the ambit of section 47 of the act and the order of the state government dated 27.2.2001 indicates the reason for notifying the petitioner as undertaking of the government of jharkhand on the ground that it is covered under section 47 of the act. .....

Tenughat Vidyut Nigam Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

..... it is not in dispute that the erstwhile state of bihar by a resolution dated 10.9.1987 resolved to establish tenughat vidyut nigam as a company incorporate to act as a generating company under provisions of the indian companies act and the electricity (supply) act, 1948. ..... its memorandum and articles of association were also adopted with amendment to the effect that bihar or bihar state occurring in those documents will be read as jharkhand or jharkhand state. ..... hence, tvnl cannot now take a stand that its assets and liabilities have not passed on to state of jharkhand, (viii) the provisions of the electricity supply act as existing till its repeal on 10.6.2003 made government of jharkhand as the competent government and therefore the ownership of the tvnl, a generating company had to pass on to state of jharkhand on ground of expediency and necessity. ..... been found necessary by the learned single judge at page 25 of the judgment under appeal, on the ground that this case and the lis cannot be decided without lifting the corporate veil, it has been submitted by learned counsel for the appellant that in the present case there is no difficulty in holding that the company tvnl is an instrumentality or undertaking of the erstwhile state of bihar for the purpose of article-12 of the constitution of india but beyond that, for the purpose of deciding the private property rights of the company and its .....

The Mata Gujri Memorial Medical College and Lions Sewa Kendra Hospital ...

Court : Patna

..... 11696 of 1992 and analogous case disposed of on 15th july, 1993, after examining the relevant statutory provisions as noted above, including sections 10a, 10b and 10c of the indian medical council act is inserted by the indian medical council (amendment) ordinance, 1993, and the succeeding act incorporating the said provisions, has held that the private medical institutions so far not affiliated or recognised can impart medical education only after seeking permission from the central government. ..... these are indian medical council act, 1956 (hereinafter central act), as amended by the indian medical council (amendment) act, 1993, an act made by the parliament, state regulation act and state university act. ..... the chancellor on receipt of the said proposal send the same to the bihar inter-university board constituted under the provisions of the bihar inter university board act, 1981 (hereinafter state board act only). ..... the present vice-chancellor under its letter dated 9-1-1993 addressed to the governors secretariat by pointing out the provisions of bihar medical educational (regulation and control) act, 1981 (hereinafer state regulation act) raised various objections regarding the validity and enforcibility of the aforesaid transitory regulation, which contemplated for holding of examination of the students of the petitioner institution. .....

Syed Welayat HussaIn and ors. Etc. Vs. State of Bihar and ors.

Court : Patna

..... (1) if, after the 1st day of june, 1992 and on and before the commencement of the indian medical council (amendment) ordinance, 1992 (13 of 1992), any person has established a medical college or any medical college has opened a new or higher course of study or training or increased the admission capacity, such person or medical college, as the case may be, shall seek within a period of one year from the commencement of the indian medical council (amendment) ordinance, 1992, the permission of the central government in accordance with the provisions of the section 10a of the principal act. ..... 7, appearing on behalf of the state submitted that the right of the state government to grant approval in terms of the provisions of the bihar state university-act, 1976 must be held to have been abrogated after coming into force of the indian medical council (amendment) act, 1992 as the aforementioned state act was subject to the provisions of the indian medical council act. ..... it was further submitted that the provisions of bihar technical educational institution (regulation and control) act, 1981 is hit by article 30 of the constitution of india inasmuch as minority institution is not required to obtain previous permission for establishment of an institution as has been held by this court in rahmania primary teachers training college v. .....

Dr. Kunal Hazari Vs. the State of Bihar and ors.

Court : Patna

..... the bihar municipal act (hereinafter referred to as 'the act') was promulgated in the year 2007 under the constitution (seventy-fourth amendment) act 1992. ..... dj lecfu/kr lekgrkz @ mik;qdr ivuk] jkwaph] /kuckn ,oa te'ksniqj dks nksm+dj }kjk lohd`fr nh tk ldrh gs a ivuk] jkaph] /kuckn ,oa te'ksniqj ftyks ds fy, ,slh vuqefr ljdkj }kjk nh tkrh gsa mlh izdkj ifji= la0&3195 fnukad 4&9&1981 ds vuqlkj ;fn dksbz yht/kkjh vkoklh; iz;kstu gsrq cunksclr tehu dks o;olkf;d @ vks|ksfxd iz;kstu es mi;ksx djus gsrq vkxzg djrk gs rks o;olkkf;d yxku vfkkzr orzeku fu/kkzfjr lykeh dk 5 izfr'kr okf'kzd yxku ..... be to promote and secure planned development of region in general and development area in particular and for that purpose the authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, industrial, agricultural and other operations, to execute works in connection with transportation, supply of water and electricity, disposal of sewage, drainage, and other services and amenities and generally to do anything necessary or expedient for purposes ..... the indian scenario in the field of 'legitimate expectation' is not different. .....