) ALJ 1036 , [1991 ]70 CompCas127 (SC ), (1988 )3 CompLJ1 (SC ), (1988 )3 CompLJ1 (SC ), 1988 INSC 190 , JT1988 (3 )SC 141 , 1988 (2 )SCALE238 , (1988 )4 SCC59 , [1988 ]Supp1 SCR627 , 1988 (2 )UJ572 , (1990 )3 UPLBEC1467 , ,MANU/SC/0505/1988
S. Ranganathan#Sabyasachi Mukherjee#2365SC3360Judgment/OrderAIR#ALJ#CompCas#CompLJ#CompLJ#INSC#JT#MANU#SCALE#SCC#SCR(Supp)#UJ#UPLBECS. Ranganathan,SUPREME COURT OF INDIA2012-9-24Evasion of Statutes,Construction of Taxing Statutes and Evasion of Statutes,Mandatory And Directory Provisions,Subsidiary Rules,Mandatory And Directory Provisions,Subsidiary Rules,Mandatory And Directory Provisions,Subsidiary Rules,Compliance with Natural Justice when Necessary,Delegated Legislation And Judicial Review,Delegated Legislation,Grounds of judicial review,Delegated Legislation And Judicial Review,Delegated Legislation,Harmonious construction,Regard to consequences,Guiding Rules,General Principles of Conformity; Presumption of Validity, Unreasonableness,Conformity with the Enabling Statute,Delegated Legislation And Judicial Review,Delegated Legislation,Implied Conditions and Judicial Review,Statutes conferring power; Express and Implied conditions; Judicial Review,Mandatory And Directory Provisions,Subsidiary Rules,Special meaning in trade, business,Technical words in technical sense,Rule Of Literal Construction,Guiding Rules,Interpretation of Statutes87971,87928,87958,87957,16910,28031 -->
MANU/SC/0505/1988
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2966 of 1986
Decided On: 28.07.1988
Appellants: State of U.P. and Ors. Vs. Respondent: Renusagar Power Co. and Ors.
Hon'ble Judges/Coram:
S. Ranganathan and Sabyasachi Mukherjee JUDGMENT
1. This appeal by special leave is directed against the judgment and order of the High Court of Allahabad dated 26th September, 1984. The first appellant is the State of Uttar Pradesh impleaded through the Chief Secretary to the Government of Uttar Pradesh, Lucknow. The second appellant is the Secretary to the Government of Uttar Pradesh, Department of Energy, Lucknow. The third appellant is one Shri Yogendra Narain, presently acting as Secretary to the Chief Minister, State of Uttar Pradesh, Lucknow. At a particular point of time Shri Yogendra Narain was the Secretary to the Department of Energy. The fourth appellant is the Assistant Electrical Inspector, a functionary under the U.P. Electricity (Duty) Act, 1952, Mirzapur Zone, Rani Patti, Mirzapur. The fifth appellant is the Collector of Mirzapur.
2. There are four respondents in this appeal. The first respondent is Renusagar Power Company Ltd. The second respondent is M/s. Hindustan Aluminium Corporation Ltd. Respondent No. 3 is Shri D.M. Mimatramka who resides at Hindalco Administrative Colony, Renukut, Mirzapur. The fourth respondent is Shri Rajendra Kumar Kasliwal who resides at Hindustan Aluminium Corporation Ltd., Renukut, District Mirzapur. Respondents 3 and 4 mentioned above are the shareholders of the first respondent and the second respondent, that is, Renusagar Power Company and M/s. Hindustan Aluminium Corporation Ltd. respectively. It is stated that M/s. Hindustan Aluminium Corporation Ltd., established and aluminium factory at Renukut in Mirzapur District, U.P. in 1959. It is the case of the respondents that it was induced to do so on the assurance that cheap electricity and power would be made available at the relevant time. In 1962, a plant of Hindustan Aluminium Corporation Ltd. for manufacture of aluminium, was commi........