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.

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News Network
June 1,2024

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Kolkata: Sporadic incidents of violence marred the seventh and final phase of Lok Sabha polls in the nine parliamentary constituencies in West Bengal, as TMC, ISF and BJP workers clashed in various parts of violence-prone Jadavpur and Diamond Harbour constituencies.

Although the poll panel has claimed that voting has been peaceful so far, it said it has received 1,450 complaints until 11 am from different political parties alleging EVM malfunctions and agents being stopped from entering booths.

Around 28.10 per cent of over 1.63 crore voters exercised their franchise in the first two hours of polling to the nine Lok Sabha seats, an Election Commission official said.

Clashes broke out between supporters of the TMC, ISF and the BJP in different pockets of the state as the parties clashed over stopping polling agents from entering booths.

A confrontation erupted in Bhangar within Jadavpur constituency between backers of Trinamool Congress and the Indian Secular Front (ISF), with allegations of crude bombs being hurled from both sides. Police intervention ensued, triggering protests as both factions accused each other.

To quell the situation, security personnel resorted to a lathicharge to disperse the mob, recovering several crude bombs.

Angry voters of Kultuli within Joynagar constituency dumped electronic voting machines (EVMs) and Voter Verified Paper Audit Trail (VV-PAT) machines into nearby waterbodies alleging electoral misconduct.

"Today morning at 6.40 am Reserve EVMs & papers of Sector Officer near Benimadhavpur FP school, at 129-Kultali AC of 19-Jaynagar (SC) PC has been looted by local mob and 1 CU, 1 BU , 2VVPAT machines have been thrown inside a pond," the office of CEO West Bengal posted on X.

"Sector Police was a little behind. FIR has been lodged by the Sector Officer and necessary action has been initiated. The poll process in all six booths under the Sector is running uninterrupted. Fresh EVM and papers have been provided to the Sector Officer," it further said.

Senior BJP leader and Bengal co-incharge Amit Malviya posted on X, "Democracy is up in flames in West Bengal. Bombs have been hurled in Jadavpur's Bhangar, and irate villagers in Joynagar's Kultali have thrown an EVM and VVPAT machine in a pond because TMC goons won't let them vote."

"But the worse affected is Diamond Harbour, where Mamata Banerjee's nephew and heir apparent is contesting from. BJP workers are being intimidated, not allowed to sit in the booths, their polling documents destroyed. WB Police is acting like Abhishek Banerjee's henchmen. Even the Muslims have not been spared because a large number of them are voting for CPI(M) candidate Pratikur Rahman. TMC's 'secularism' dies the moment Muslims start voting against it," he posted on X.

Following this, Kolkata Police claimed that the incident happened in the morning before the poll process began.

"This incident happened in the morning around 6 am much before the polling process in Bengal. Police and CAPF immediately intervened and have taken steps against miscreants. Legal action initiated. Polling in Bhangar started without any interruption and is going on peacefully," Kolkata Police posted on X.

TMC supporters have accused the ISF of orchestrating the violence to intimidate voters. Prompt action from local law enforcement led to lathicharges and the arrest of suspects in Polerhat area of Bhangar.

Another incident occurred where the vehicle of an ISF worker was vandalised in Baghajatin area. Accusations have been levelled against Trinamool Congress supporters for the alleged incident.

Diamond Harbour, where TMC national general secretary Abhishek Banerjee is seeking re-election, witnessed clashes between TMC and BJP supporters. BJP candidate Abhijit Das accused the ruling party of malpractices, which the TMC denied. As Das approached a polling booth, TMC activists staged protests and shouted "Go back" slogans. In response, Das got out of his car and shouted counter slogans.

Similarly, CPI(M) candidate Patikur Rehman faced "go back" slogans from TMC workers when he attempted to visit a booth in the Canning area.

In Diamond Harbour's Satganchia, BJP workers were allegedly beaten up by TMC over allegations of intimidation of voters. In Kultuli area, two BJP activists were injured during clashes with TMC workers.

In Jadavpur area's Ganguly Bagan, CPI(M) workers were allegedly beaten by the TMC activists and their camp offices were ransacked. The TMC, however, denied the allegations and accused the Left party of intimidating the voters.

In Baranagar assembly seat, where a by-poll is on, CPI (M) candidate Tanmay Bhattacharya was allegedly physically assaulted when he was standing outside a booth as TMC workers accused him of trying to influence the voters.

The state Congress unit wrote to CEO Aariz Aftab requesting him to take stern action against alleged irregularities and rigging that are taking place in various pockets.

Basirhat SP Hossain Mehedi Rahaman said three persons were injured during the clash between TMC and BJP supporters at Bayramari in Sandeshkhali, adding that one person was arrested in this connection.

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News Network
May 30,2024

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As Punjab votes in the last phase of 18th Lok Sabha polls on June 1, former Prime Minister Manmohan Singh in a letter addressed to the voters of the state said that PM Narendra Modi has indulged in most vicious form of hate speeches, which are purely divisive in nature.

"Modi has indulged in most vicious form of hate speeches, which are purely divisive in nature," said Singh in the letter shared by Congress on social media platform X.

Singh in the letter added that 'no PM in past has uttered such hateful, unparliamentary terms to target either a specific section of society or opposition.'

"No PM in past has uttered such hateful, unparliamentary terms to target either a specific section of society or opposition," remarked Manmohan Singh in the letter.

“In the past ten years, the BJP government has left no stone unturned in castigating Punjab, Punjabis and Punjabiyat. 750 farmers, mostly belonging to Punjab, were martyred while incessantly waiting at Delhi borders, for months together. As if the lathis and the rubber bullets were not enough, none less than the Prime Minister verbally assaulted our farmers by calling them "Andolanjeevis" and "Parjeevi" (Parasites) on the floor of the Parliament. Their only demand was the withdrawal of the three farm laws imposed on them without consulting them," said the former Prime Minister.

On economic front:

Manmohan Singh further continuing his attack on Modi-led government said that in the past 10 years, 'the nation's economy has witnessed unimaginable turmoil.'

"The imposition of the demonetisation disaster, a flawed GST, and the painful mismanagement during the COVID pandemic has resulted in a miserable situation, where an expectation of a subpar 6-7 per cent GDP growth has become the new normal. Average GDP Growth under BJP Government has plunged to under 6 per cent, while during Congress-UPA tenure, it was about 8 per cent (New Series)," commented Singh.

"While the Congress-UPA, despite challenges, increased the purchasing power of our people, the misrule of the BJP Government has resulted in depletion of household savings to a historic 47-year low. Rural wages have witnessed a systematic fall, and wage disparity has led to widespread distress," noted Singh in the letter.

On Agniveer scheme:

On Agniveer scheme, Singh said "BJP govt imposed Agniveer scheme; it thinks value of patriotism, service is only 4 years, shows their fake nationalism."

"Those who trained for regular recruitment were woefully betrayed by the outgoing regime. The youth of Punjab, the son of the farmer, who dreams of serving the motherland through the Armed Forces, is now thinking twice about getting recruited only for a 4-year stint. Agniveer Scheme endangers National Security. Congress party has therefore promised to abolish the Agniveer Scheme," added Singh.

Earlier. during campaigning in various parts of the country, PM Modi had accused Singh of saying that Muslims have the first right on the country's resources.Singh said people of India are seeing through all of this. "This narrative of dehumanisation has now reached its peak. It is now our duty to save our beloved nation from these forces of discord," Singh said in the letter.

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News Network
June 1,2024

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After nearly two months of high-pitch campaigning and a hectic poll schedule of 7 phases, exit polls numbers have started coming in. According to five pollsters so far, the Narendra Modi-led NDA government is coming back to power with a landslide victory while the Opposition’s I.N.D.I.A. bloc managing somewhere between 125 and 150. 

Meanwhile, in a U-turn, Congress-led I.N.D.I.A. bloc has decided to participate in exit poll debates. Track all the latest updates on exit polls results as we provide you with minute-by-minute updates on the outcome of the Lok Sabha polls predicted by exit polls.

While the numbers vary, five exit polls are predicting that the INDIA bloc will be left far behind. None, though, have yet put the NDA across its dream score of 400 of 543 Lok Sabha seats. 

Exit Polls do not always get it right.

An aggregate of five exit polls indicates that the NDA will get 365 seats, the INDIA bloc will get 142 seats.

The maximum number of seats predicted for the NDA was 362-392, in the exit poll by Jan ki Baat. It predicts the Opposition bloc will get 141-161 seats.

It is followed by India News-D Dynamics, which is predicting that the NDA will get 371 seats and INDIA 125 seats.

The lowest score for the NDA comes from Republic TV-P MARQ – 359, and a corresponding higher score for the INDIA bloc, 154.

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