Power for local authority to give permission under section 10, clause (c), subject to conditions
Section 12 of the Indian Telegraph Act, 1885 deals with power for local authority to give permission under section 10, clause (c), subject to conditions. Any permission given by a local authority under section 10, clause ( c), may be given subject to such reasonable conditions as that authority thinks fit to impose, as to the payment of any expenses to which the authority will necessarily be put in consequence of the exercise of the powers conferred The Act came into force on 01 Oct 1885.
Any permission given by a local authority under section 10, clause ( c), may be given subject to such reasonable conditions as that authority thinks fit to impose, as to the payment of any expenses to which the authority will necessarily be put in consequence of the exercise of the powers conferred by that section, or as to the time or mode of execution of any work, or as to any other thing connected with or relative to any work undertaken by the telegraph authority under those powers.
Section 12, The Indian Telegraph Act, 1885 (Act 13 of 1885).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Kerala State Electricity Board vs Livisha
Court's Decision & Legal Precedent
Compensation for trees cut by electricity authorities under Section 10, Part III of the Indian Telegraph Act, 1885 cannot be determined by applying a fixed formula. Each case must be assessed on its individual merits, considering factors such as the situs of land, distance between the high voltage line and property, extent of line on property, whether the line passes over a small track or middle of land, value of land, owner's substantive right to use property, and for fruit-bearing trees, the yield basis. The real rate of interest (5%) is more appropriate than the prevalent bank rate (10%), and inflation is a relevant consideration factor. However, the 5% rate should not be treated as a fixed rule for all periods, and different rates may apply in different periods with relevant data. Each case requires individual merit-based assessment without applying hard and fast rules.
On this section: Empowers authority to grant permission for laying lines to local authority subject to reasonable conditions
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 12
What have the courts held on Section 12 of the Indian Telegraph Act?
Kerala State Electricity Board vs Livisha (18 May 2007) is the leading judgment on this section among those set out below: Empowers authority to grant permission for laying lines to local authority subject to reasonable conditions.
How do I find court cases under Section 12 of the Indian Telegraph Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Telegraph Act 1885 12, section 12 Indian Telegraph Act 1885, section 12 of the Indian Telegraph Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kerala State Electricity Board vs Livisha (18 May 2007).
What should I read with Section 12 of the Indian Telegraph Act, and has it changed?
Its own text turns on section 10 (Power for telegraph authority to place and maintain telegraph lines and posts), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. The rules and notifications made under it are where it actually bites, and there are 2: most recently Indian Telegraph Right of Way Rules, 2016 (2016), then The Indian Telegraph Right of Way Rules, 2016 (2016).
When did Section 12 of the Indian Telegraph Act come into force?
Section 12 of the Indian Telegraph Act, cited as Indian Telegraph Act 1885 12, came into force on 01 Oct 1885, having been enacted on 22 Jul 1885. It is in force as at the date shown on this page.
Other sections of this Act
- 7. Power to make rules for the conduct of telegraphs901 words
- 4. Exclusive privilege in respect of telegraphs, and power to grant licenses597 words
- 19A. Person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice325 words
- 16. Exercise of powers conferred by section 10, and disputes as to compensation, in case of property other than that of a local authority325 words
- 3. Definitions316 words
- 5. Power for Government to take possession of licensed telegraphs and to order interception of messages296 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.