Judgement

Appeal (No.100 of 1947) from a judgment and decree of the High Court in its appellate jurisdiction (October 1, 1946) affirming a judgment of the High Court in its original civil jurisdiction (April 5, 1945).

The following facts and statutory provisions are taken from the judgment of the Judicial Committee. On June 26, 1924, the government granted a licence—The Hubli Electric Licence, 1924—to Amte and Co., Hubli, and that licence was on January 28, 1925, duly transferred to the appellants with the consent of the government. The result of that transfer was that for all the purposes of the Act and the licence the appellants stood in the shoes of the original licensee. It was unnecessary to refer in detail to the provisions of the licence. The area of supply and compulsory area of supply were set out. No con dition of the licence (save one which was shortly after the grant of the licence complied with) was expressed to be a condition the breach of which was declared to render the licence liable to revocation. No material variation was made in any of the conditions set forth in the schedule to the Act. The distributing mains referred to in cl. VI (i.) of the schedule were duly