Buyer of house need not pay old power bills: SC

November 15, 2012

Supreme_court_of_india

New Delhi, November 15: Buyer of an old establishment cannot be asked to clear the existing electricity dues if he has applied for a fresh power connection, the Supreme Court has held.

A bench of justices P Sathasivam and Ranjan Gogoi, however, said that if the new owner sought transfer of power connection to his name, he would have to clear the dues for the purpose.

The court clarified the legal position while rejecting a plea made by North Eastern Electricity Company of Orissa (NESCO), seeking payment of Rs 79.02 lakh as arrears of dues from M/s Raghunath Paper Mills Private Limited at Balasore for buying factory unit of M/s Konark Paper and Industries Limited in an open auction.

“Section 43 of the Electricity Act, 2003 casts a duty on every distributing licencee, in the case on hand, the appellant, to supply electricity on the application made by the owner or occupier of any premises within one month after receipt of the application. No doubt, it should be only after fulfilling the conditions such as installation of machinery, deposit of security etc,” the court said.

Not for transfer

The Bench found substance in the contention of the buyer company saying that its application was not for seeking transfer of power from a previous owner.

Further, it noted: “The unit was purchased on “as is where is” and “whatever there is” basis after fulfilling all the formalities/conditions and in the absence of any privity of contract between the buyer company and the NESCO, the demand for clearance of arrears of electricity dues is not justified.”

“In the light of sub clause 10(b) of Regulation 13 of the Electricity Supply Code, we hold that the said clause applies to a request for transfer of service connection but not to a fresh connection. The interpretation of this clause by learned single judge as well as by the division bench was correct being reasonable, just and fair,” the court added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 24,2020

New Delhi, Jan 24: The Election Commission of India on Friday told the Supreme Court that its 2018 direction asking poll candidates to declare their criminal antecedents in electronic and print media has not helped curb criminalisation of politics. The poll panel suggested that instead of asking candidates to declare criminal antecedents in the media, political parties should be asked not to give tickets to candidates with criminal background.

A bench of Justices R F Nariman and S Ravindra Bhat asked the ECI to come up with a framework within one week which can help curb criminalisation of politics in nation's interest.

The top court asked the petitioner BJP leader and advocate Ashiwini Upadhyay and the poll panel to sit together and come up with suggestions which would help him in curbing criminalisation of politics.

In September 2018, a five-judge Constitution bench had unanimously held that all candidates will have to declare their criminal antecedents to the Election Commission before contesting polls and had called for a wider publicity, through print and electronic media about antecedents of candidates.

Comments

Satya Vishwasi
 - 
Saturday, 25 Jan 2020

What about those criminals who were already in parliament and vidahan sabhas? shall the ECI cancel their positions?

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 27,2020

Jehanabad, Jan 27: The police here carried out a raid at the ancestral house of anti-CAA activist Sharjeel Imam, who has been slapped with a sedition case in the national capital for alleged inflammatory speeches he gave at Shaheen Bagh and the Jamia Milia Islamia, a senior official said on Monday.

According to Superintendent of Police, Jehanabad, Manish Kumar, Imams house in Kako police station area was raided late on Sunday night following "help sought by central agencies" which are investigating the cases lodged against the JNU research scholar.

Imam was not found at his house but two of his relatives and their driver were detained for interrogation and let off thereafter, the SP said.

A graduate in computer science from IIT-Mumbai, Sharjeel Imam had shifted to Delhi for pursuing research at the Centre for Historical Studies, JNU.

He was slapped with a sedition case after his alleged speeches went viral on the social media wherein he was heard speaking about Assam's possible secession from the country in the wake of the Citienship (Amendment) Act (CAA).

Earlier, he had been booked on similar charges at a police station in Aligarh for a speech he delivered on the AMU campus.

Besides, a case under the stringent anti-terror law UAPA has been registered against him at Assam.

Imams late father Akbar Imam was a local JD(U) leader who had unsuccessfully contested an assembly election in his lifetime.

Reacting to the developments, his distraught mother Afshan Rahim told the media, "My son is innocent. He is a bright young man and not a thief or a pickpocket. I swear in the name of God that I do not know about his whereabouts. But I can guarantee that upon learning about the cases, he will appear before the investigating agencies and fully cooperate in the probe."

She said that it has been a long time since she met her son though she had a telephonic conversation with him a few weeks ago.

"He was obviously disturbed by the CAA and fears of the National Register of Citiznes (NRC) about being implemented across the country which, he said, would affect not just Muslims but all poor people," she said.

In fact, after 15 days of Shaheen Bagh protest, he had asked the agitators there to withdraw and watch the situation for a month, and then decide on the further course of action, she said. "But they refused to relent. He was calling for a 'chakkajam' (road blockade). He is just a kid and not capable of instigating people for secession," she added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 9,2020

Srinagar, Feb 9: Authorities on Sunday snapped mobile internet services in Kashmir as a precautionary measure to prevent any law and order disturbance on the seventh death anniversary of Parliament attack convict Mohammad Afzal Guru, officials said.

The mobile internet services were suspended early in the morning as the authorities apprehended violence in the valley in view of the bandh call given by separatist outfits, the officials said.

The authorities had restored 2G internet services in Kashmir on January 25, more than five months after snapping all communication facilities in the valley following abrogation of Article 370 on August 5 last year.

Police on Saturday lodged an FIR against the banned Jammu Kashmir Liberation Front (JKLF) for calling a strike on Afzal Guru's death anniversary.

Guru was hanged in 2013 inside Tihar jail for his role in the Parliament attack in December 2001.

Two journalists were summoned by police for reporting the JKLF press release, which had called for strike on Sunday and Tuesday -- the death anniversary of the outfit founder Mohammad Maqbool Bhat.

They were let off after five hours of questioning. Bhat was hanged in 1984 and is buried inside Tihar jail.

Meanwhile, normal life in Kashmir was affected due to the strike, the officials said.

Markets and business establishments remained closed, while public transport was largely off the roads, they said.

There have been no reports of any untoward incident from anywhere in the valley so far, the officials added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.