A.P.SEN, D.P.MADAN
Delhi Cloth And General Mills Company LTD. – Appellant
Versus
Rajasthan State Electricity Board – Respondent
Judgment
SEN, J. :- These five consolidated appeals by special leave from the common judgment and orders of a Division Bench of the Rajasthan High Court dated September 12, 1980 raise questions of far-reaching importance. By the judgment under appeal the Division Bench has upheld the constitutional validity of Ss. 49A and 498 of the Electricity (Supply) Act, 1948, as introduced by the Electricity (Supply) (Rajasthan Amendment) Act, 1976, with retrospective effect, making it lawful for the Rajasthan State Electricity Board to revise from time to time the tariffs fixed for the supply of electricity in respect of any period commencing from September 16, 1966 i.e. the date of introduction of the new S. 49 by the Electricity (Supply) (Amendment) Act, 1966, and for the validation of amount realized, demand made or created by the Board according to the uniform tariffs in force from time to time before the publication in the official Gazette of the Electricity (Supply) (Rajasthan Amendment) Ordinance, 1976, i.e. prior to February 7, 1976, the date of promulgation of the Ordinance.
2. Upon that view, the Division Bench has reversed the judgment and order of Tyagi, J. dated October 17, 1969 an
referred to : Indian Aluminium Co. v. Kerala State Electricity Board
relied on : Bisra Stone Lime Co. Ltd. v. Orissa State Electricity Board
referred to : Titagarh Paper Mills Ltd. v. Orissa State Electricity Board
distinguished : Indian Aluminium Co. v. Kerala State Electricity Board
Madan Mohan Pathak v. Union of India
H.H. Maharajadhiraja Madhav Rao Jiwaji Rao Scindia Bahadur v. Union of India
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