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february 1965

Supreme Court of India · 1965-02-25

COCHIN STATE POWER AND LIGHT CORPORATION LTD. vs STATE OF KERALA

Citation / case number
SC 1963/258
Court
Supreme Court of India
Petitioner
COCHIN STATE POWER AND LIGHT CORPORATION LTD.
Respondent
STATE OF KERALA
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that under Section 6(1) of the Indian Electricity Act, 1910, the State Electricity Board had the exclusive right to elect to purchase the electrical supply undertaking upon the expiry of the appellant's 25-year license. The Court ruled that since the Board had duly elected to purchase the undertaking, the State Government had no option to purchase under Section 6(2). Furthermore, the Court clarified that the requirement for the Board to notify the State Government under Section 6(4) was not applicable due to the impossibility of compliance within the stipulated time frame, thus affirming the High Court's dismissal of the appellant's writ petition.

COCHIN STATE POWER AND LIGHT CORPORATION LTD. vs STATE OF KERALA · Niyam