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1965 Supreme(All) 111

M. C. DESAI, S. C. MANCHANDA
Electric Inspector to Govt. of U. P. , Lucknow – Appellant
Versus
R. J. Singh – Respondent


Advocates:
Raja Ram, Jr. Standing Counsel, for Appellants; A.P. Pandey, for Respondent.

Judgement

DESAI, C. J. : This is an appeal by the Electric Inspector to Government from a judgment of our brother Jagdish Sahai quashing by certiorari his order dated 19-11-1958 cancelling the licence granted to the respondent under Clause 12 of Notification No. 877/EI-86-1938, dated 2-6-1942, issued by the State Government of U.P., debarring him from obtaining a licence for the next two years.

2. The respondent is a contractor who undertakes electrical installation work. The Indian Electricity Act enacted to amend the law relating to the supply and use of electrical energy has created, the Central Electricity Board to exercise power conferred by S. 37. The power is to make rules to regulate transmission, supply and use of energy and generally to carry out the purposes and objects of the Act including rules providing for the protection of persons and property from injury by reason of contact with or the proximity of, or by reason of the defective or dangerous condition of any appliance or apparatus used in the transmission, supply or use of energy. In exercise of this power the Central Electricity Board has made Indian Electricity Rules, 1937. Rule 48(1) reads as follows :

"No electri
































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