Law:

Section:

Electricity Act (IX of 1910)-----Ss.3 & 24--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine (i) whether in view of amendments effected in the Act by means of Ordinance LXII of 1979 it was open to Electric Supply Company to discontinue supply of electricity on the ground that security had become insufficient; (ii) whether Agreement between parties provided justification in law to Supply Company to enable it to demand additional security; (iii) whether in any event provisions of Agreement as interpreted by Supply Company could prevail over statutory provisions and (iv) whether S.24 of Act had been correctly interpreted by High Court in holding that said provision supported the impugned action of Electric Supply Company. (b) Electricity Act (IX of 1910)-- ---Ss. 3 & 24 and Sched. , Cls. VI & XI--Notification of Government of West Pakistan, dated 31-1-1970--Consumer's security deposit-­Additional security, demand of--Notice of Electric Supply Company sent to appellants saying that on account of difference in old and new rates of electricity charges, the amount of their security deposit had become insufficient; that as such additional security deposit was payable by them and that the same should be paid within thirty days--Examination of clauses of contract under which security was deposited or enhanced demand was made showing that security in dispute was not the one covered by first proviso to C1.VI of Sched. to the Act--Nexus, which is established between security anal the written contract and the rate of return showed unmistakably that the security which was subject matter of dispute had nothing to do with security dealt with in C1. VI of the Sched. before its amendment or after its amendment--Amending Ordinance LXII of 1979 so far as it alters the language of C1.VI is thus wholly irrelevant and inapplicable--Notification of Government of West Pakistan dated 31-1-1970 amending existing contracts and introducing new clause showing a minimum adjustable to charges of two months and a half average consumption of electricity--Demand of additional security where rates for consumption had been periodically rising, held, would…

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