Judgment Search Results Home > Cases Phrase: the indian electricity mah amendment act 1981 Sorted by: old Court: patna Page 1 of about 149 results (0.161 seconds)

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. .....

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. .....

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 .....

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. .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... sales of motor spirit, diesel oil and alcohol taxation (amendment) act, 1976, which was declared to be null and void by the high court of allahabad in so far as it purported to levy purchase tax on industrial ..... under sub-section (1) shall be recoverable by the buyer from the seller as a market charge.section 27 after its amendment by act, 60 of 1982 is as followings: 1 fdlh cktkj {ks= es izr;sd100 :- ds o`f"k&inkfkz ds ;&fo; ij cktkj lfefr ,d :i;s dh nj lscktkj qhl yxk;sxh vksj mldh olwyh ljsxh a 2 mi&/kkjk 1 ds v/khuizhkk;z cktkj&qhl [kjhnnkj }kjk fofgr jhfr ls ns; gksxh a 3 mi&/kkjk 1 ds v/khuizhkk;z qhl] ,d gh vf/ ..... where an order purports to have been made and signed by an authority in exercise of any power conferred by this section, a court shall, within the meaning of the indian evidence act, 1872 (1 of 1872), presume that such order was so made by that authority.c. n.o.s.v.o.d. ..... state of kerala, air 1981 sc 1863 : (1981 tax lr 2838) it was observed (at page 1869):- 'in determining whether an enactment is a legislation 'with respect to' a given power, what is relevant is not the consequences of the enactment on the subject matter or whether it affects, it, but whether in its pith and substance, it is a law upon the subject matter in question ..... state of kerala, air 1981 sc 1863, the supreme court went into the question of the distinction between 'fee and tax' and the concept of the execution fee and observed as follows : 'the distinction between a 'tax' and a 'fee' is well .....

Northern India Seeds Corporation and Seeds India Vs. the State of Biha ...

Court : Patna

..... but even if it is not barred under the indian limitation act, it may not be entertained by this court if one the facts of the case there is unreasonable delay. ..... (iii) where the contract entered into between the state and the persons aggrieved is non-statutory and purely contractual of the rights and obligation of the parties thereto are governed by the terms of the contract.the supreme court held that whereas the case falling within the categories (i) and (ii) aforementioned, a writ petition under article 226 of the constitution would be maintainable but in the cases falling within the category (iii), no writ petition shall lie.46. ..... in terms of the provisions of the contract, it was the petitioner who was to satisfy the authorities of the biscomaun about the standard of the seeds supplied by annexing certificate from the authorities under the seeds act and/or the agriculture university of the area. ..... kerala state electricity board : [1976]1scr70 , held that a writ petition is not maintainable where the parties can get their disputes resolved by invoking the adjudicating machinery of the arbitration clause.54. ..... it has been further contended that the samples of the seeds had been collected by the competent authority and since the seeds in question had been tested in an approved laboratory, this court should not enter into the thicket of a disputed question of fact.23 another supplementary counter-affidavit has been filed on behalf of biscomaun on 25-5-1981. .....

Ahmad Ali Akhtar and anr. Vs. Union of India (Uoi) and anr.

Court : Patna

..... 16 of the indian criminal law amendment act, 1908 (central act 14 of 1908) hereby declares the said association to be an unlawful association within the meaning of the said act.it has to be pointed out that in that case no copy of the order was served on the respondent or any other office-bearer of the society but it was notified in the official gazette as required by the said act.as the madras amendment act was passed on 12-8-1950 during, the pendency of the petition, which was taken up for hearing on 21-8-1950, the issues involved were decided to be determined in the light of the original act as amended.before the amendment of the madras act, the material ..... : [1981]3scr92 , it was observed by the supreme court that the restrictions may be partial, complete, permanent or temporary but they must bear a close nexus with the object in the interest of which they are imposed. ..... union of india : [1981]2scr950 , i was held:the fundamental rights enshrined in article 19 of the constitution are not absolute and unqualified but are subject to reasonable restrictions which may be imposed under sub-clauses (4) and (5) of article 19. ..... : [1981]2scr364 , it was held by the supreme court as follows:before exclusive legislative competence can be claimed for parliament by resort to the residuary power, the legislative incompetence of the state legislative must be clearly established. .....