P.SATHASIVAM, B.S.CHAUHAN
Municipal Committee, Hoshiarpur – Appellant
Versus
Punjab State Electricity Board – Respondent
What is required for a High Court to entertain a second appeal under Section 100 CPC? What are the conditions for exercising powers under Section 103 CPC in a second appeal? How does non-compliance with principles of natural justice affect revised electricity bills?
Key Points: - A second appeal under Section 100 CPC lies only on a substantial question of law, which must be formulated by the High Court, and cannot be decided on equitable grounds alone (!) (!) (!) (!) (!) . - Section 103 CPC allows the High Court to determine issues of fact only if necessary for disposal, evidence is sufficient, and the issue was not determined or wrongly determined due to a substantial question of law (!) (!) (!) (!) . - Violation of principles of natural justice or statutory requirements, such as no show cause notice before revising an electricity bill, itself prejudices the party without needing further proof (!) (!) (!) . - The Supreme Court set aside the High Court's judgment for failing to frame a substantial question of law and improperly interfering with concurrent findings without justification under Section 103 CPC (!) (!) . - No prior notice of meter checking was given, no responsible officer was present, no checking report copy was provided, and no check meter was installed, violating natural justice and Clause 23 of supply conditions (!) (!) . - Trial and first appellate courts correctly appreciated evidence, including the meter reading chart, finding the revised bill unjustified as post-correction readings were irregular (!) (!) (!) . - High Court erred by relying on the meter chart to conclude under-recording without addressing inconsistencies, such as lower readings post-correction (!) (!) .
JUDGMENT
Dr. B.S. Chauhan, J. —
1. This appeal has been preferred against the judgment and decree dated 12.1.2001 passed in Regular Second Appeal No.1618 of 1998 by the High Court of Punjab & Haryana at Chandigarh, reversing the judgment and decree of the trial Court, as well as of the First Appellate Court.
Facts:
2. Facts and circumstances giving rise to this appeal are that the Municipal Committee, Hoshiarpur (hereinafter called the ‘appellant’) had taken an electricity connection on 15.6.1992, for running a tubewell, from the Punjab State Electricity Board (hereinafter called the ‘Board’), for supplying water for daily use to the public of the locality at large. The average bill for the consumption of electricity of the said connection used to be around Rs.5,000/- per month and the said amount was paid regularly by the appellant. A bill dated 11.3.1994 to the tune of Rs.82,300/- was served upon the appellant by the Board. As the bill was very high, the appellant instead of making the payment, filed suit No. 304 of 1994 before the Civil Court challenging the said bill. The Board contested the Suit by filing a written statement contending that the connection had not been made pro
V. Ramaswamy v. Ramachandran & Anr.
Karnataka Board of Wakf v. Anjuman-E-Ismail Madris-Un-Niswan
Santosh Hazari v. Purshottam Tiwari (dead) by Lrs.
Kulwant Kaur & Ors. v. Gurdial Singh Mann (dead) by LRs. & Ors., AIR 2001 SC 1273
Leela Soni & Ors.v. Rajesh Goyal & Ors., (2001) 7 SCC 494
Jai Singh v. Shakuntala, AIR 2002 SC 1428
Achintya Kumar Saha v. M/s Nanee Printers & Ors., AIR 2004 SC 1591
Sarjas Rai & Ors. v. Bakshi Inderjeet Singh
Madamanchi Ramappa & Anr. v. Muthaluru Bojjappa, AIR 1963 SC 1633
State of U.P. v. Om Prakash Gupta
Anant Mills Co. Ltd. v. State of Gujarat
The Chairman, Board of Mining Examination and Chief Inspector of Mines & Anr. v. Ramjee
Jadu Gopal Chakravarty v. Pannalal Bhowmick & Ors. ,AIR 1978 SC 1329
Mahindra & Mahindra Ltd. v. Union of India & Anr., AIR 1979 SC 798
Nandlal & Anr. v. State of Haryana, AIR 1980 SC 2097
S.L. Kapoor v. Jagmohan & Ors.
Union of India & Anr. v. Tulsiram Patel
A.R. Antulay v. R.S. Nayak & Anr., (1988) 2 SCC 602
U.P. Junior Doctors’ Action Committee v. Dr. B. Sheetal Nandwani & Ors., AIR 1991 SC 909)
Shyam Kishore & Ors. v. Municipal Corporation of Delhi & Anr., AIR 1992 SC 2279
Shri Bhagwan Sharma v. Smt. Bani Ghosh, AIR 1993 SC 398
Managing Director, ECIL, Hyderabad v. B. Karunakar, AIR 1994 SC 1074
Manicka Poosali (Deceased by L.Rs.) & Ors. v. Anjalai Ammal & Anr.
Hero Vinoth (Minor) v. Seshammal
Mst.Sugani v. Rameshwar Das & Anr.
P.Chandrasekharan & Ors. v. S. Kanakarajan & Ors.
Kashmir Singh v. Harnam Singh & Anr.
Bharatha Matha & Anr. v. R. Vijaya Renganathan & Ors., AIR 2010 SC 2685)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.