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Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

Court : Mumbai

Subject : Contract

Acts : Sale of Goods Act, 1930 - Sections 4; Coal Mines (Nationalisation) Act, 1973 - Sections 3(1); Indian Contract Act, 1872 - Sections 73; Coal Mines (Taking over of Management) Ordinance, 1973; Code of Civil Procedure (CPC), 1908 - Order 8, Rule 5 and 5(2) - Order 40, Rule 1; Mines Act, 1952 - Sections 2(1)(1), 3, 4, 7, 8, 10, 11, 26 and 29; Coal Mines (Conservation, Safety and Development) Act, 1952; Coking Coal Mines (Nationalisation) Act, 1972; Sick Textile Undertakings (Nationalisation) Act, 1974

Reported in : AIR1980Bom168

also referred to the definition of the word 'owner' as defined in Section 2 (1) (1) of the Mines Act, 1952, and submitted that the word 'owner' is not used as owner of the articles under the definition of … and 2 to pay arrears of instalments together with overdue interest. The plaintiffs' Attorneys by their letter dated 11th April 1974, addressed to defendant No. 1 terminated the said three agreements of hiring and demanded the return

Mohmed YunusuddIn Shaikh Vs. Manganese Ore [India] Ltd. Through Genera ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10, 10(1) and 12(5); Mines Act, 1952 - Sections 2; Workman Compensation Act, 1923 - Sections 2(1); Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Articles 226 and 227

Reported in : 2008(3)ALLMR141; 2008(3)BomCR71; (2008)IIILLJ94Bom

further that Supervisor [Process] being employed in any mine as defined in Clause [J] of Section 2 of Mines Act, 1952 in mining operation or in any kind of work, other than clerical work incidental or connected with the … was addressed and decided, it becomes a res judicata. The doctrine can be borrowed from Explanation VIII to Section 11 of Civil Procedure Code. Moreover, the doctrine of 'constructive res judicata' is well known to the system and

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

Court : Supreme Court of India

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 … Balihari Colliery taken over by the Central Government on October 17, 1971 was to the tune of Rs. 11,85,591.00. As regards New Dharmaband Colliery they allege that between October 1969 and October 17, 1971, Messrs Sethia Mining

Bisram Arak Vs. Eastern Coalfields Ltd. and ors.

Court : Kolkata

Subject : Service

Acts : Payment of Gratuity Act, 1972; ;Indian Contract Act, 1872 - Sections 10 and 11; ;Mines Act, 1952 - Section 40; ;Industrial Employment (Standing Orders) Act, 1946

Reported in : (2006)2CALLT59(HC),[2006(109)FLR1166],(2007)IILLJ40Cal

be considered for determining the amount payable to him on account of gratuity.7. He refers me to the Mines Act, 1952, Section 40, and says that having not reached the age of 18, the petitioner was not eligible to be … for the respondents argues that in view of provisions of the Indian Contract Act, 1872, Sections 10 & 11, at the date of appointment the petitioner was not competent to contract, since he was a minor, having

Sandur Manganese and Iron Ores Ltd. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Subject : Mineral Concession

Acts : Mineral Concession Rules, 1960 - Rules 26 (1), 35, 59, 60; Mines And Minerals Development and Regulation Act, 1957 - Section 5(1), 11, 11(3)

a Revision Petition before the Government of India, Ministry of Coal and Mines, New Delhi. On 09.04.1999, the Government of India by holding that the … under the Act of 1948. The State Legislature of Orissa then passed the Orissa Mining Areas Development Fund Act, 1952 and levied a fee for the development of mining areas within the State. After the provisions came into … State Government's recommendation dated 06.12.2004 and the proceedings of the Chief Minister are contrary to the provisions of Section 11 of the Act and Rules 59 and 60 of MC Rules and not valid in law.b) Whether the

Hotel Hindusthan International Karmachari Union Vs. Hotel Hindusthan I ...

Court : Kolkata

Subject : Labour and Industrial

Acts : Trade Unions Act, 1926 - Sections 2, 11 and 28A to 28H; ;Industrial Disputes Act, 1947 - Sections 2 and 25A; ;West Bengal Trade Unions (Amendment) Act, 1983; ;Factories Act, 1948 - Section 2; ;Mines Act, 1952 - Section 2; ;Plantation Labour Act, 1951 - Section 2; ;West Bengal Trade Union Rules, 1998 - Rule 2; ;West Bengal Industrial Disputes Rules, 1958

Reported in : 2008(4)CHN567,[2008(119)FLR545],(2009)ILLJ747Cal

the Factories Act, 1948 or (ii) a mine as defined in Clause (i) of Section 2 of the Mines Act, 1952 or (iii) Plantation as defined in Clause (f) of Section 2 of the Plantation Labour Act, 1951.15. The … the management. Admittedly no hearing was given to the management although they had a right of appeal under Section 11 of the said Act of 1926. Mr. Ghosh contended that if an aggrieved party could prefer an appeal

Neyveli Lignite Corpn. Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1992)(58)ELT76TriDel

contended in this show cause notice that according to Col. X of Clause (j) of Section 2 of Mines Act, 1952, a 'mine' includes premises or part of the premises thereof, in or adjacent to and belonging to a … sub-heading 2702.00.3. A show cause notice dated 27-2-1987 was issued by Superintendent of Central Excise, Virudhachalam under Section 11A of the Central Excises and Salt Act, 1944 read with Rule 9(1) of Central Excise Rules, 1944 demanding

State Vs. B.M.N. Rao and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Mines Act, 1952 - Sections 5(1), 17, 18, 28, 58 and 73; Oil Mines Regulations, 1984 - Regulations 19, 20 and 44; Criminal procedure Code, 1973 - Sections 197, 251, 255 and 482; Indian Penal Code (IPC), 1860 - Sections 21, 120-B, 204, 420, 468 and 471; Oil and Natural Gas Commission Act, 1993 - Sections 28; General Clauses Act, 1897 - Sections 3(11)

Reported in : 1998(4)ALD13; 1998(2)ALD(Cri)154

19 and Regulation 20 of the D.M.R. 1984 read with Section 18 of the Mines Act, 1952 respectively.' 11. It would be convenient to understand the above allegation by taking an instant look at Section 18 of … : The Inspector of Mines having been appointed by the Central Government purportedly under Section 5(1) of the Mines Act, 1952, filed a complaint against the respondents herein alleging that there was a blow out in the oil well

Vijay Kumar Singh and ors. and Krishna Kamal Prasad @ Krishna Kant Pra ...

Court : Patna

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 2, 6, 7, 92, 105, 106 and 119; Bihar Factory Rule, 1950 - Rules 3, 3A, 4, 5 and 11; Mines and Minerals (Development and Regulation) Act, 1957; Mines Act, 1952 - Sections 2; Bihar Minor Mineral Concession Rules, 1972 - Rules 9 and 21

are doing their Mining operation in their lease hold areas for which they are at liberty under the Mines Act, 1952, Mines and Minerals (Development and Regulation) Act, 1957 as well as under the BMMC Rules, 1972. Learned Counsel … at Sasaram, in Official Case Nos. 67/2002 8. 68/2002, whereby cognizance has been taken for the offences under Sections 6 and 7 of the Factory Act punishable under Section 92 of the Factory Act against these Petitioners.4. … the learned court below to take cognizance under Sections 105, 106 and 119 of the Factories Act, 1948, for violation of the provisions of Section

M/S. Orissa Cement Ltd. and ors. Vs. State of Orissa and Others

Court : Supreme Court of India

Subject : Other Taxes

Acts : Orissa Cess Act, 1962 - Sections 5, 6, 7 and 10; Constitution of India - Articles 32, 136, 142, 226, 245, 265, 301 and 304; Madhya Pradesh Upkar Adhiniyam, 1982 - Sections 11; Orissa Mining Areas Development Fund Act, 1952 - Sections 3, 4, 5; Local Mines Labour Welfare Fund Act, 1947; Madras Panchayats Act, 1958 - Sections 115(1) and 116; Orissa Cess Rules, 1963 - Rule 6A; Orissa Municipal Act, 1950; Orissa Grama Panchayats Act, 1948; Orissa Panchayat Samiti and Zila Parishad Act, 1959; Orissa Grama Panchayat Act, 1964; Bihar Finance Act, 1981; Bihar Finance Act, 1982; Madhya Pradesh Upkar Adhiniyam, 1981; Madhya Pradesh Upkar (Sanshodhan) Adhiniyam, 1987; Madhya Pradesh General Clauses Act, 1957 - Sections 24-A; Madhya Pradesh General Sales Tax Act, 1958 - Sections 3; The Ma

Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105

law to be expedient in the public interest. Entry 54: Regulation of mines and mineral development to the extent to which such regulation and development … as in 1960, this Court had to consider the constitutional validity of the Orissa Mining Areas Development Fund Act, 1952 (Orissa Act XXVII of 1952). Section 3 of the Act empowered the State Government to constitute mining areas … relation to major mineral including operations for raising, winning or extracting coal'. Sections 11 and 12 read thus: Section 11: There shall be levied and collected a cess on land held in connection with mineral rights at such