Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Injunction restraining disconnection of electricity

https://www.lawweb.in/2012/04/injunction-restraining-disconnection-of.html

injunction restraining disconnection of electricity

 
 The suit filed by the plaintiff was one for decree for permanent injunction alone restraining the defendants from disconnecting the electric power supply based on the letter dated 29-9-1986 issued by defendant No. 2. It is relevant to state here that the plaintiff did not seek relief of declaration that the defendants have no power to disconnect the power supply or to interfere with the enjoyment of power supply based on the said letter of defendant No. 2 or for declaration that the defendants have no power either under the Act or Regulations to effect disconnection of power supply in respect of a claim made in the said letter. In the absence of seeking relief of declaration depending on facts of a case, the plaintiff cannot seek relief of permanent injunction so as to restrain the statutory body from performing its functions and duties.

Karnataka High Court
I.N. Mahabaleswara Madyasta vs Karnataka Electricity Board, ... on 6 October, 1993
Equivalent citations: AIR 1994 Kant 74, ILR 1993 KAR 3398, 1994 (1) KarLJ 214
Bench: S Patil


Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 April 2012

Thanks for the Judgement.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register