GOPISETTI VENKATARATNAM AND OTHERS versus THE VIJAYAWADA MUNICIPALITY AND OTHERS

GOPISETTI VENKATARATNAM AND OTHERS versus THE VIJAYAWADA MUNICIPALITY AND OTHERS

The expression 'current official scale of rates' in the agreement means the official scale of rates prevalent from time to time during the currency of the agreement; as such, the Municipality can enhance rates within the maximum fixed by the licence, and no sanction of the State Government is required as there is no alteration of any contract condition within the meaning of section 21(2) of the Act.

Parties
Appellants: Gopisetti Venkataratnam and others; Respondent No. 1: Vijayawada Municipality; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
05 March 1965
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Andhra Pradesh High Court
Outcome
appeal dismissed
Legal Topics
Electricity Supply Rates, Contractual Liability, Municipal Powers, Government Sanction
Electricity Law Contract Law Administrative Law Electricity Supply Rates Contractual Liability Municipal Powers Government Sanction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gopisetti Venkataratnam and others

Appellants

Vijayawada Municipality

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Andhra Pradesh High Court

Legal Issues

  1. 1 Whether the rates agreed between the consumers and the Municipality could be unilaterally altered and increased by the Municipality to their prejudice
  2. 2 Whether the resolution enhancing the rates was void for not obtaining previous sanction of the State Government under section 21(2) of the Indian Electricity Act, 1910

Ratio Decidendi

The expression 'current official scale of rates' in the agreement means the official scale of rates prevalent from time to time during the currency of the agreement; as such, the Municipality can enhance rates within the maximum fixed by the licence, and no sanction of the State Government is required as there is no alteration of any contract condition within the meaning of section 21(2) of the Act.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with one set of costs.