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september 1974

Supreme Court of India · 1974-09-12

GODHRA ELECTRICITY CO. LTD. & ANR. vs THE STATE OF GUJARAT AND ANOTHER

Citation / case number
SC 1973/60268
Court
Supreme Court of India
Petitioner
GODHRA ELECTRICITY CO. LTD. & ANR.
Respondent
THE STATE OF GUJARAT AND ANOTHER
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that the commencement date of a license under the Indian Electricity Act, 1960, is the date of publication in the official gazette, not the date of the notification granting the license. The Court found that Section 6(6) of the Act, which allows for the purchase of the undertaking, infringes upon the fundamental rights guaranteed under Article 19(1)(f) and (g) of the Constitution. Consequently, the appeal was allowed, ruling that the second respondent's acquisition of the undertaking was unlawful, and it must return the undertaking to the licensee.

GODHRA ELECTRICITY CO. LTD. & ANR. vs THE STATE OF GUJARAT AND ANOTHER · Niyam