Supreme Court of India · 1975-09-01
KERALA STATE ELECTRICITY BOARD vs INDIAN ALUMINIUM CO.
- Citation / case number
- SC 1969/60248
- Court
- Supreme Court of India
- Petitioner
- KERALA STATE ELECTRICITY BOARD
- Respondent
- INDIAN ALUMINIUM CO.
- Author
- ALAGIRISWAMI, A.,BHAGWATI, P.N.,GOSWAMI, P.K.,SARKARIA, RANJIT SINGH,GUPTA, A.C.
- Bench
- ALAGIRISWAMI, A.,BHAGWATI, P.N.,GOSWAMI, P.K.,SARKARIA, RANJIT SINGH,GUPTA, A.C.
Judgment text excerpt
The Supreme Court upheld the validity of the Kerala Essential Articles Control (Temporary Powers) Act, 1961, specifically the declaration of 'electricity' as an essential article under Section 2(a) and the Kerala State Electricity Supply Surcharge Order, 1968 made under Section 3. The Court ruled that the Kerala Act does not conflict with the Electricity Act, 1910 and the Electricity (Supply) Act, 1948, as the question of repugnance arises only when both legislations fall within the same legislative list. The appeal was allowed, affirming the High Court's decision to strike down the order was incorrect.