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Mar 03 1987

East India Coal Company Limited Vs. East Bulliaree/Kendwadih Colliery ...

Court : Supreme Court of India

Decided on : Mar-03-1987

Subject : Commercial

Acts : Coking Coal Mines (Nationalisation) Act, 1972 - Sections 3, 4, 5, 10, 12, 20, 21, 23, 24 and 26(3); Mines Act, 1952 - Sections 2(1)(I)

Reported in : AIR1987SC1428; JT1987(1)SC599; 1987(1)SCALE481; (1987)2SCC124; [1987]2SCR484; 1987(1)LC729(SC)

reads as follows:3(n)-'Owner'-(i) When used in relation to a mine, has the meaning assigned to it in the Mines Act, 1952,(ii) When used in relation to a coke oven plant, means any person who is the immediate proprietor of … of the Act which does not use the same phraseology as in Sections 4, 5, 10 and 12. Chapter VI deals with Commissioner of Payments. By Section 20(1), in this chapter, the Central Government is given power … the same phraseology as in Sections 4, 5, 10 and 12. Chapter VI deals with Commissioner of Payments. By Section 20(1), in this chapter, the

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Aug 07 1980

industrial Supplies Pvt. Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Decided on : Aug-07-1980

Subject : Contract

Acts : Coking Coal Mines (Nationalisation) Act, 1972 - Sections 3, 4(1), 20(1), 22(3), 22(4) and 26(2); Coal Mines (Conservation, Safety and Development) Act, 1952 - Sections 2(1), 4 and 4(1); Income Tax Act, 1961 - Sections 226(3); Coking Coal Mines (Emergency Provisions) Ordinance, 1971; Coking Coal Mines (Emergency Provisions) Act, 1971 - Sections 2; Coal Mines (Conservation and Safety) Rules, 1952 - Rules 49 and 54

Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)

the term 'owner' as defined in Section 3(n) of the Nationalisation Act read with Section 2(1) of the Mines Act, 1952 and that as such the various machinery, plants, equipment and other fixed assets, current assets and movables belonging … the meaning, respectively, assigned to them 'unless the context otherwise requires'. The expression 'managing contractor' finds place in Chapter VI, which deals with the power, functions and duties of the Commissioner of Payments appointed under Sub-section (1) … the context otherwise requires'. The expression 'managing contractor' finds place in Chapter VI, which deals with the power, functions and duties of the Commissioner of

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Mar 01 2000

Ram Dhani Singh Vs. Collector Sonbhadra and Others

Court : Allahabad

Decided on : Mar-01-2000

Subject : Property

Acts : Shaktinagar, Special Area Development Authority (Cess on Mineral Rights) Rules, 1997 - Rules 3 and 3(1), (2) and (3); Uttar Pradesh Special Area Development Authorities Act, 1986 - Sections 2, 3, 4, 5, 6, 7, 7(3), 17 to 50, 51, 52 and 64 to 71; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 8, 9 and 15; Uttar Pradesh Minor Minerals (Concession) Rules, 1963 - Rule 15; Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959; Uttar Pradesh Urban Planning and Development Act, 1973; Madras Panchayats Act - Sections 115; Orissa Cess Act, 1962 - Sections 5(2); Coal Mines Nationalisation Act, 1973; Government of India Act, 1935; Cess and Other Taxes on Minerals (Validation) Act, 1992

Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270

mining operations in relation to Minerals (providing operation for raising, winning or extracting coal) as defined in the Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67 of 1957). 3. (1) The Authority, subject to … view. In that case this Court held that the cess imposed by the Orissa Mining Areas Development Fund Act. 1952 was a fee, relatable to entries 23 and 66 of List II of the Seventh Schedule to theConstitution … 1959'. 7. The above function, thus, noted is in the contents of Chapters 1 and II. It would be mentioned here that Chapter III permits … the Development Authority. Section 5 enumerates the Staff of the Authority. Section 6 delineates functions of the Special Area Development Authority and Section 7 is

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Nov 20 1959

K.T. Rolling Mills Private Ltd. and anr. Vs. M.R. Meher and ors. Overruled

Court : Mumbai

Decided on : Nov-20-1959

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 7, 7A, 7B, 10, 10(1), 12, 12(5), 15, 25A, 25A(1), 25B, 25C, 25C(1), 25D, 25E, 25J, 25J(1), 25J(2) and 27C; Constitution of India - Article 226; Factories Act, 1948 - Sections 2; Mines Act, 1952 - Sections 2; Plantation Labour Act, 1951 - Sections 2; Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes (Amendment) Act, 1953 - Sections 1(2); Minimum Wages Act, 1948; Code of Civil Procedure (CPC), 1908 - Sections 98

Reported in : AIR1963Bom146; (1962)64BOMLR645; (1962)IILLJ667Bom

Factories Act, 1948 (LXIII of 1948);or(ii) a mine as defined in Clause (j) of Section 2 of the Mines Act, 1952 (XXXV of 1952); or(iii) a plantation as defined in Clause (f) of Section 2 of the Plantation Labour … of the Industrial Disputes Act. The Tribunal held that the workmen were not entitled to ,ay-off compensation under Chapter VA of the Industrial Disputes Act, but having regard to all the facts and circumstances and the financial

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Apr 30 1964

Ahmedabad Millowners' Association and Anr. Vs. Thakore (i.G.) (Preside ...

Court : Gujarat

Decided on : Apr-30-1964

Subject : ArbitrationLabour and Industrial

Acts : Bombay Industrial Relations Act, 1946 - Sections 40(2) and 73A; Industrial Disputes Act, 1947 - Sections 7(1); Factories Act, 1948; Government of India Act, 1935 - Sections 107(2); Essential supplies (Temporary Powers) Act, 1946; Orissa Mining Areas Development Fund Act, 1952

Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj

was thus working the mines, the State Legislature passed an Act called the Orissa Mining Areas Development Fund Act, 1952, and under powers conferred under that Act, the State Government was empowered to levy a fee on a … in any local area as may be specified in such notification. Entry 6 in Sch. I to the Act as originally passed was as follows … the conciliator the board of conciliation and the court of industrial arbitration under Ss. 20, 23 and 24, Chapters VI and VII of the Act deal with conciliation and voluntary arbitration and bombay indu 62 and 63

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Jul 20 1994

Jilubhai Nanbhai Khachar, Etc. Etc. Vs. State of Gujarat and Another, ...

Court : Supreme Court of India

Decided on : Jul-20-1994

Subject : PropertyConstitution

Acts : Constitution of India - Articles 13(2), 14, 19(1), 21, 30(2), 31A, 39, 51A, 162, 246, 300A and 368; Bombay Land Revenue Code - Sections 69A(1); Saurashtra Land Reforms Act, 1951 - Sections 2(2) and 18; Saurashtra Barkhali Abolition Act, 1951 - Sections 5; Saurashtra Estates Acquisition Act, 1952 - Sections 2, 3, 4 and 7; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 9(3); Madras Panchayat Act - Sections 115; Metal Corporation (Acquisition of Undertaking) Act, 1965; Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961; Agricultural Lands (Ceiling on Holdings) Act, 1961; Sick Industries Nationalisation Act; Requisitioning and Acquisition of Immovable Property Act, 1952; Government of India Act, 1935 - Sections 299; Land Acquisition Act, 1894; Urban L

Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807

to the earth or permanently anything attached to the earth. These definitions are of wide amplitude to include mines and mineral wealth beneath surface land of whatever description. Section 3(1) abolishes Girasdari or Barkhalidari tenures by a … Act, the Saurashtra Land Reforms Act, 1951; the Saurashtra Barkhali Abolition Act, 1951 and the Saurashtra Estates Acquisition Act, 1952 (for short 'the Act'). Under the respective statutes the rights and liabilities of Girasdars or Barkhalidars have been … would include the power to make the law retrospectively. The interpretation in Chapter VI at pp.293-94 in the Principles of Statutory Interpretation by Justice G.P. … extinguished and vested in the State. When questioned in Civil Application No. 689/65 in T.K. Gohil and Ors. v. C.K. Dave by a decision dated

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Dec 04 1998

Essel Mining and Industries Limited and anr. Vs. Union of India (Uoi) ...

Court : Orissa

Decided on : Dec-04-1998

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 3(1), 4(1) and 5(2)

Reported in : 87(1999)CLT471; (1999)IILLJ316Ori

and the powers given to the legislative authority. Further he has drawn attention of the Court to the Mines Act, 1952. Attention has also been drawn specifically to the definition of 'Mine'. Section 2(1)(j) says that 'mine' means any … open cast mining operations and underground mining operations. Statute has also always distinguished the two operations accordingly.15. In chapter XI of the Metalliferous Mines Regulations, 1961 under Regulation 106 there is provision for open cast workings. It

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Dec 10 1996

M.C. Mehta Vs. State of Tamil Nadu and Others

Court : Supreme Court of India

Decided on : Dec-10-1996

Subject : Labour and Industrial

Acts : Child Labour (Prohibition and Regulation) Act, 1986 - Sections 3 and 17; Constitution of India - Articles 24, 32, 37, 39, 41, 45 and 47; Factories Act, 1948 - Sections 67; Plantation Labour Act, 1951 - Sections 24; Merchant Shipping Act, 1951 - Sections 109; Mines Act, 1952 - Sections 45; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Child Labour (Prohibition and Regulation) Act, 1986 - Sections 1(3), 2 and 14; Employment of Children Act, 1938

Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)

and will be in the charge of his father of other adult near male relative.(iv) Section 45 of Mines Act, 1952:(1) No child shall be employed in any mine, nor shall any child be allowed to be present … conditions and measures taken to mitigate the sufferings of the child labour and has made various recommendations in Chapter XI of its report. We also have a work of Collector of Kamarajar District titled 'Integrated Project for … to be set up by a resolution of the Labour Ministry dated 6/7 February, 1979 under the chairmanship of Shri M.S. Gurupadaswamy. The Committee submitted

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Jul 26 1993

Executive Engineer, Electricity Dept., Rural Division Vs. Shri Chandra ...

Court : Kolkata

Decided on : Jul-26-1993

Subject : Labour and Industrial

Acts : Constitution of India - Article 227; ;Industrial Disputes Act, 1947 - Sections 25L and 25N; ;Factories Act - Section 2

Reported in : (1994)IILLJ964Cal

i 948; (ii) a mine as defined in Clause (j) of Sub-section (1) of Section 2 of the Mines Act. 1952; or (iii) a plantation as defined in Clause (f) of Section 2 of the Plantations Labour Act, 1951; … Electricity Department at Middle Andaman are to be made in accordance with S.25-N of the Industrial Disputes Act. Chapter-VB of Industrial Disputes Act shall apply to an industrial establishment and under Section 25N, no workman who has … We, however, stay the operation of the judgment for a period of 60 days. 16. Let plain copy of this order be given to the

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Aug 08 1988

J.J. Shrimali Vs. District Development Officer, Mehsana and ors.

Court : Gujarat

Decided on : Aug-08-1988

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 25B, 25C, 25E, 25F, 25FF, 25H, 25L and 25N; Factories Act, 1948 - Sections 2

Reported in : (1989)1GLR396

Act, 1948; (ii) a mine as defined in clause (j) of sub-section (1) of Section 2 of the Mines Act, 1952; or (iii) a plantation as defined in clause (f) of Section 2 of the plantations Labour Act, 1951. … consider whether the provisions of Chapter V-A of the Act stand attracted. 6. In order to attract the provisions of the Act, particularly Section 25F, … on the winding up of the scarcity relief works. Is it necessary to follow the provisions contained in Chapter V-A or V-B of the Act for terminating the services of the petitioners on the premise that such

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