Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1910-Section 22B Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 1910-Section 22B-State Electricity Board (General Conditions of Supply) Regulations, 1981-Clause 31(e)-Electricity Consumption-Shortage of power in State-issuance of Notifications under section 22B restricting use of power-Electricity Board allotting energy to be used by the consumer, a power intensive industry, for water years along with provisional allotment for next year-Notifications containing rider that they would remain in force until further orders-Waiver of payment of minimum charges when notification in operation-For a particular year no restriction imposed for drawal of power and also while allotting energy for the previous year no provisional allotment made for the particular year-Electricity Board issuing bills for two months of the particular year to consumer as per provisional allocation-Subsequently Board issuing revised bills on basis of minimum charges and demanding minimum charges-Justification of-Held: As there was no restriction on the drawal of power during the particular year, of which the consumer was aware consumer liable to pay minimum charges to the Electricity Board-Further, in the absence of statutory order passed by State Government it cannot be inferred that restriction was imposed for the particular year also-The words this shall remain in force until further orders would mean that government was free to revise, modify, alter or rescind the order even after its issue-Administrative Law-Subordinate Legislation.Words & Phrases:Expression "this shall remain in force until further orders" occurring in a State Government Notification issued in exercise of powers under Section 228 of the Electricity Act, 1910-Connotation of. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2004 INSC 83 |
Petitioner | Jayshree Chemicals And Anr. |
Respondent | Orissa State Electricity Board And Ors. |
SCR | [2004] 2 S.C.R. 133 |
Judgement Date | 2004-02-05 |
Case Number | 15478 |
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