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Documents citing 'Fashion' Proprietor Aswani Kumar ... vs West Bengal State Electricity on 21 January, 2009

Sehnaz vs . B.S.E.S. Y.P.L. & Anr. on 5 October, 2013

26. Having considered the above submissions, the Court finds no force in the arguments advanced by the counsels for the defendants. The decisions in Fashion Proprietor Aswani Kumar (Supra) and Amarendra Singh(Supra) leave no doubt that the legality or otherwise of possession has no bearing on the entitlement to basic amenities like electricity. The plaintiff would be entitled to an electricity connection even if the purported owner viz defendant no. 2 does not issue a no objection certificate. Defendant no. 1 cannot insist upon such a certificate.
Delhi District Court Cites 6 - Cited by 0 - Full Document

Smt. Madhu vs . B.S.E.S. Ypl Ltd. on 5 October, 2011

6 Since during the course of arguments, Ld. Counsel for applicant has admitted the possession of the plaintiff in the suit property. The Hon'ble High Court of Calcutta in case titled Fashion Proprietor Aswani Kumar Vs. W.B. Electricity Distribution Co. Ltd. & Ors. AIR 2009 Cal 87 (Supra) has observed that if a person is in possession of suit property, he has right to use electricity in the premises in his possession. The dispute of installation of electricity is between the plaintiff and B.S.E.S. I am of the view that the presence of applicant is not necessary for the proper adjudication of the suit between the plaintiff and the defendant. Application is dismissed.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Thakor vs Uttar

The decision of the Calcutta High Court in the case of Fashion Proprietor Aswani Kumar Maity v. W. B. Electricity Distribution Co. Ltd. and others, AIR 2009 Calcutta 87, was cited for the proposition that if the law of the land provides that a person in possession of any premises may not be dispossessed therefrom except in accordance with law, it is implicit that the possession of the person is protected till such time that an appropriate forum holds otherwise and the person is removed from the premises under due process of law. Under the circumstances, he cannot be denied an essential utility as electricity which is within the broad sweep of the right to life guaranteed under Article 21 of the Constitution.
Gujarat High Court Cites 16 - Cited by 0 - H Devani - Full Document
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