HUBLI ELECTRICITY CO LTD Vs. PROVINCE OF BOMBAY

JUDGEMENT

(1.) IN the proceedings out of which this appeal arises the appellants sought a declaration that the purported revocation by the respondent Government on January 28, 1944, of a licence to supply electricity to the town of Hubli was invalid and asked for consequential relief on the footing of that declaration. Their suit was dismissed by the High Court of Judicature at Bombay acting in its original jurisdiction and that decision was affirmed by that Court in its appellate jurisdiction (Stone C. J. dissenting ). Many matters at issue in the suit are not now in controversy. The substantial questions before their Lordships are confined to questions of construction arising under the INdian Electricity Act (IX of 1910 ).

(2.) UNDER that Act the Government was empowered to grant to persons to be selected by the Government licences to supply electrical energy in areas to be specified in the licences and to lay down electric supply lines for the transmission of such energy.

(3.) THE only other section to which it is necessary to refer is Section 47 which provides that where a licensee makes default in any of the conditions of a licence, the licensee should be liable to the fines therein set out.