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The Continental Construction Company (incorporated Under the Indian Co ...

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Andhra Pradesh Minor, Mineral Concessions Rules - Rule 5(1); Indian Arbitration Act, 1940 - Sections 16, 30 and 39; Mines Act, 1952 - Sections 2(1)(L); Contract Act - Sections 70

Reported in : 2008(4)ALD95; 2008(4)ALT209

contractor does not come within the meaning of 'owner' of the quarry as defined under the provisions of Mines Act, 1952 and in which case he is under no obligation to pay seigniorge fee. A further contention has been … it has been held as under:Arbitration Act, 1940 - Section 30 and 16 - legal mis-conduct - Non-application of mind - Award amount disproportionately excessive … B. Seshasayana Reddy, J.1. This Civil Miscellaneous Appeal is filed under Section 39 of the Indian Arbitration Act, 1940 questioning the order dated 5.1.20.00 passed in O.P.No.14 of 1990 on

Khalid A. Hakim Vs. Assistant Commissioner of Labour, Authority Under ...

Court : Gujarat

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 2, 2(1), 8, 12, 14, 15, 16, 17, 18, 21, 22 and 52(2); Factories Act, 1948; Mines Act, 1952 - Sections 2(1); Industrial Disputes Act, 1947; Constitution (Forty-second Amendment) Act, 1976; Code of Civil Procedure (CPC) - Sections 20; Constitution of India - Article 226, 226(2)

Reported in : (2009)3GLR2065

to them in Clause (j). Clause (1) and Clause (c) of Sub-section (1) of Section 2 of the Mines Act, 1952.4.1. In view of the controversy raised in the present petition, it is also relevant to take into … establishment to which this Act applies is not paid by the contractor or if any facility specified in Section 16 is not provided for the benefit of such workman, such allowance shall be paid, or, as the case

Orissa Oil Industries Limited Vs. Tribal Cooperative Marketing Develop ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8, 12, 13, 16, 16(2), 16(3), 16(5), 16(6), 34 and 37; Constitution of India - Article 14; United Nations Commission on International Trade Law (UNCITRAL), 1985; Mines Act, 1952; Indian Succession Act, 1925 - Sections 29(2)

Reported in : 2002VIIAD(Delhi)198; 98(2002)DLT659; 2002(65)DRJ682

of 'minerals' which we have already quoted above would indicate that the meaning given to it in the Mines Act, 1952 is to apply here also on the basis of classic principle of Legislation by Reference or Incorporation which … the question as regards jurisdiction of the arbitral tribunal cannot be questioned in terms of Sub-section (2) of Section 16 of the Act inasmuch even if the said question is raised and determined against the petitioner, neither any

The Workmen of Taroda Opencast Mine of Western Coalfields Limited Vs. ...

Court : Mumbai Nagpur

Subject : Labour and Industrial

of contractor was in violation of Contract Labour (Regulation and Abolition) Act, 1947, and also all provisions of Mines Act, 1952 and Mines Rules, 1955, framed thereunder. They also pointed out various provisions of bipartite agreement between employees of … said events have taken place during the pendency of reference proceedings and hence are hit by provisions of Section 33 of Industrial Disputes Act, 1947. Those developments are, therefore, stated to be irrelevant and insignificant insofar as … working therein, a contractor came to be appointed by an order dated 16.03.1989. Contractor engaged certain workmen and their names have been shown in scheduled

South Eastern Coalfield Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (2001)(73)ECC249

the Central Government has declared the workshop as a mine under the provisions of Section 82 of the Mines Act, 1952 under certificate dated 1-5-1969; that as per Section 2 (j) (vii) of the Mines Act, mine includes "all … is stayed. The issue involved in this appeal is whether the exemption contained in Notification No. 63/95-CE., dated 16-3-1995 is available to the goods manufactured by them in their workshop, Korba.2. Shri P.R. Biswas, ld. Consultant submitted

Coal Mines Officers Association of India and Others Vs. Union of India ...

Court : Kolkata

Subject : ConstitutionCriminal

Acts : Mines Act, 1952 - Sections 4-5, 6, 8, 8B, 8C, 23, 23(1), 24 and 24(1) and (2) - Schedule - Article 24;; Constitution of India - Articles 14, 20 and 20(2) and (3);; Indian Penal Code (IPC), 1860 - Sections 120B, 179 and 304;; Code of Civil Procedure (CPC), 1908 - Order 16, Rule 10;; General Clauses Act, 1897 - Section 3(38);; Evidence Act, 1872 - Section 145;; Code of Criminal Procedure (CrPC) , 1973 - Sections 94, 342-A and 401 - Schedule - Articles 136, 161 and 226;; Sea Customs Act, 1878 - Sections 111 and 112;; Foreign Exchange Regulation Act;; Public Servants (Inquiries) Act, 1850;; Mines Rules, 1952 - Rule 5(4)

Reported in : AIR1996Cal28,100CWN197

issued by the Central Government in exercise of its power conferred upon it under Section 24(1) of the Mines Act, 1952 (hereinafter referred to as 'the said Act').2. The fact of the matter lies in a very narrow compass.The … so summoned to appear pursuant thereto it may issue proclamation and warrant of arrest in terms of Order 16, Rule 10 of the Code of Civil Procedure.9. The learned Counsel in support of the aforementioned contentions has

The State of M.P. Vs. S.P. Mathur and anr.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1970CriLJ922; 1970MPLJ171

alleged against them that the said contraventions constituted offences punishable under Section 72(c), A. and C. of the Mines Act, 1952.2. The prosecution case was that on 17-11-64 two loaded tubs were hauled up without attaching a drag or … Colliery, were prosecuted for contravention of Regulations 89 (i) (c), 87 (3) (c), 87. (9) (b), 113 and 168 read with Regulation 190 of the Coal Mines Regulations of 1957, and it was alleged against them that

Omprakash S/O Jiwandas Miglani Vs. Coal India Limited, a Government of ...

Court : Mumbai Nagpur

Subject : Land Acquisition

of the Constitution of India. The petitioner is an employee of Mines, as per the provisions of the Mines Act, 1952 and, therefore, is governed by Section 52 thereof. 6. The demand of petitioner to release his leave encashment … is, therefore, justified in complaining that the action of the respondents violates the mandate of Articles 14 and 16 of the Constitution of India. The petitioner is an employee of Mines, as per the provisions of the

Omprakash S/O Jiwandas Miglani Vs. Coal India Limited, a Government of ...

Court : Mumbai Nagpur

Subject : Land Acquisition

of the Constitution of India. The petitioner is an employee of Mines, as per the provisions of the Mines Act, 1952 and, therefore, is governed by Section 52 thereof. 6. The demand of petitioner to release his leave encashment … is, therefore, justified in complaining that the action of the respondents violates the mandate of Articles 14 and 16 of the Constitution of India. The petitioner is an employee of Mines, as per the provisions of the

Ram Chander Vs. Union of India and anr.

Court : Delhi

Subject : Civil

Acts : Mines & Minerals (Regulation & Development) Act, 1957 - Sections 22(3)

Reported in : 38(1989)DLT402; 1989(16)DRJ159

Matched in: Citation 38(1989)DLT402; 1989(16)DRJ159