Supreme Court of India

Bharat Hydro Power Corporation Ltd v State of Assam

2004 INSC 2420041 min read
The case in brief30-second read
Facts
Assam passed a State Act acquiring the appellants' undertaking and providing compensation. The appellants argued it was repugnant to the Central electricity statutes.
Issue
Whether the State acquisition Act was repugnant to, or impliedly displaced by, the Central electricity Acts.
Held
There was no repugnancy or implied repeal. The State Act dealt with acquisition and compensation while the Central Acts regulated the supply and use of electricity, so they operated in different fields. The appellants were not licensees under the 1910 Act.
Principle
Repugnancy or implied repeal is not found where two statutes can operate in their own fields; courts first try to reconcile them.
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Facts

  • Assam passed a State Act acquiring the appellants' undertaking and providing compensation. The appellants argued it was repugnant to the Central electricity statutes.

Issue

  1. Whether the State acquisition Act was repugnant to, or impliedly displaced by, the Central electricity Acts.

Held

  • There was no repugnancy or implied repeal. The State Act dealt with acquisition and compensation while the Central Acts regulated the supply and use of electricity, so they operated in different fields. The appellants were not licensees under the 1910 Act.

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Citation

Bharat Hydro Power Corporation Ltd v State of Assam 2004 INSC 24

Reported: https://indiankanoon.org/doc/1757393/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.