Supreme Court · 1997 INSC 499 · Decided 8 May 1997
Bihar State Electricity Board and ANR. v. Usha Martin Industries and ANR.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 499 · [1997] SUPP. 1 S.C.R. 279
- Case number
- CIVIL APPEAL No. 2347/1988
- Decided
- 8 May 1997
- Bench
- S.C. SEN, K.T. THOMAS (2-judge bench)
- Outcome
- Dismissed After
- Case type
- Civil
Headnote
B Electricity (Supply) Act, 1948: Section 49. Tariff-Fixation of-Central Excise duty on electricity abolished-How­ ever, unifonn tariff not reduced-Held: Entire price inclusive of central excise C duty would be the unifqmz tariff-Therefore, even if central excise duty is abolished, Board not S.64-A of Sale of Goods Act, not applicable-Sale of Goods Act, 1930, S.64-A. Constitlltion of India 1950: Article 226. D Judicial review-Fixation of price-Held: Fixation of electricity tariff is a statlltory power confe"ed on the Electricity Board and State Govern­ ment-Therefore, High
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