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december 1996

Supreme Court of India · 1996-12-05

M.P. ELECTRICITY BOARD, JABALPUR. vs M/S. VIJAYA TIMBER CO.

Citation / case number
SC 1983/66111
Court
Supreme Court of India
Petitioner
M.P. ELECTRICITY BOARD, JABALPUR.
Respondent
M/S. VIJAYA TIMBER CO.
Author
K. VENKATASWAMI. M.M. PUNCHHI
Bench
K. VENKATASWAMI. M.M. PUNCHHI

Judgment text excerpt

The Supreme Court upheld the High Court's decision which modified the trial court's decree by removing the mandatory injunction for the removal of electric lines but sustained the damages awarded to the plaintiff under the Indian Electricity Act. The court ruled that the civil suit was not barred by limitation as the appellant's argument regarding the suit being barred was not raised in lower courts. The court emphasized that the transmission lines were erected without the plaintiff's consent, causing damages, thus affirming the plaintiff's right to compensation under Sections 12 and 52 of the Indian Electricity Act.

M.P. ELECTRICITY BOARD, JABALPUR. vs M/S. VIJAYA TIMBER CO. · Niyam