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january 1992

Supreme Court of India · 1992-01-16

KANORIA CHEMICALS AND INDUSTRIES LTD. AND ANR. vs STATE OF U.P. AND ORS. AND VICE VERSA

Citation / case number
SC 1988/70830
Court
Supreme Court of India
Petitioner
KANORIA CHEMICALS AND INDUSTRIES LTD. AND ANR.
Respondent
STATE OF U.P. AND ORS. AND VICE VERSA
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court upheld the validity of the retrospective amendment to Section 60 of the Electricity Supply Act, 1948, introduced by the Electricity Laws (U.P. Amendment) Act, 1983, which allowed the Electricity Board to revise rates for electricity supply. The Court clarified that the failure to specify the precise manner of rate calculation does not invalidate the rates fixed, and the Board has the authority to revise tariffs multiple times. However, the Court found that the imposition of rates higher than HV-2 on the appellant-company was unjustified under the circumstances, leading to a partial allowance of the appeal.

KANORIA CHEMICALS AND INDUSTRIES LTD. AND ANR. vs STATE OF U.P. AND ORS. AND VICE VERSA · Niyam