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Showing posts from September, 2020

SUPREME COURT ON DEFAULT OF PAYMENT OF ELECTRICITY DUES

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  India is the world’s third largest producer and third largest consumer of electricity. Electricity has been incorporated in the 7 th Schedule of the Constitution of India as a concurrent list subject which connotes that both Central and State Governments are empowered to regulate policies and laws for the electricity sector. The Constitutional Bench of Apex Court in State of Andhra Pradesh v. National Thermal Power Corporation Ltd has held ‘Electricity’ as goods. It can be transmitted, transferred, delivered, possessed but cannot be stored. A purchaser of goods is liable to pay for it at the time of purchase or consumption under the Sale of Goods Act, 1930. The quantum and time of payment may be ascertained post facto either by way of an agreement or the relevant statute. The law relating to the generation, transmission, distribution and trading and use of Electricity is contained in the Electricity Act, 2003. The Act further empowers the licensee to disconnect the electricity su

Street Dogs and Their Care-Givers: Laws and Guidelines

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  The Constitution of India envisages 10 fundamental duties for all citizens of India under Article 51 A, out of which Article 51 A (g) states as follows: It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. ..... “ and to have compassion for all living creatures ” clearly constitutes all animals including street dogs.  All animals, be it a pet or a stray, deserves  equal amount of love and care from humans. Infact, in today's times we can see a tremendous rise in love and concern which people have developed towards street dogs. Many animal lovers /activists are increasingly showing compassion for street dogs by feeding them and providing veterinary and other support as and when required. Yet there is a class or section of humans who still discriminate between pets and strays and do not demonstrate the same love and affection towards a stray as th

Laws and Legal Rights- Apartment Dog Owners

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  The practice of owning a pet is prevalent in our society since ages, but in recent times the trend of owning a pet in India has increased rapidly, especially owning a pet dog. The love for pets among the citizens seems to be growing tremendously. Almost every household is seen to own a pet in today’s date. With the growing trend of owning pets, there seem to be a rise in disputes among residents staying in the same apartment or building as that of a pet owner. There have been occasions when the Apartments and society associations form their own rules in respect to owning a pet in an Apartment which have led to several disputes which had to be ultimately taken to the Consumer Forum of the concerned State to be resolved. One such case had been taken up by the Thane District Additional Consumer Dispute Redressal Forum at Mumbai where one Ajay Madhusudan Marathe (Complainant) had filed a complaint against New Sarvodaya Co. Housing Society L td . in the year 2008 . The case of the Comp