Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Service -- Compassionate appointment - Courts below directed appellant to appoint respondent on basis of decision given by SC in Canara Bank vs. M Mahesh Kumar - However, Court below failed to consider criteria of stability while directing appointment of respondent - Decision of Courts below set aside, with direction to appellant to pay Rs. 2.5 lakhs to respondent. (Paras..........
Electricity Act, 2003, Section 108 -- Directions by State Government - State Government while issuing a policy directive in the exercise of its power u/s 108 of the Act cannot impinge on the adjudicatory discretion which is vested in an authority under the Act...........
Electricity Act, 2003, Section 108 -- Directions by State Government - State regulatory commissions shall be `guided' but not `bound' by directions of State Government or Central Government as per S.108 of the Act...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction with regard to erection of electric poles and electric line over plot owned by plaintiff - Suit is maintainable before civil Court. (Electricity Act, 2003, S.145)..........
Partition suit -- Plaintiff in plaint mentioned that partition never took place but during cross-examination he admitted that they were residing separately and he had tenant in his portion - He also admitted the fact that he had taken separate electricity and water connection in the year 1981 and they were cooking food separately from 1977 - Defendant had raised..........
Electricity -- Refund of amount deposited under protest towards bills - Application filed by appellant in 2001 for reduction of maximum demand which was pending consideration by competent authority for a long time and in 2004 it was agreed to and a new agreement to that effect was entered into - No reason has been put forth for keeping such application pending - Appellant..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Release of electricity connection - Sought in a suit for mandatory injunction - Theft of electricity - Mere registration of FIR does not amount to any conclusive proof of theft - Electricity being a basic requirement, cannot be deprived to a consumer when allegations qua his being an..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Bar of Civil Court Jurisdiction - Restraining erection and installation of electric tower for supplying electricity - Jurisdiction of Civil Court is barred - Plaint rejected...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
