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State Vs. Keshavlal Amrutlal Ozha and anr.

Court : Mumbai

Subject : Property

Acts : Mines Act, 1952 - Sections 23, 23(1), 23(2), 24, 24(4), 74 and 79; Code of Criminal Procedure (CrPC) - Sections 438

Reported in : AIR1958Bom243; (1958)60BOMLR551; 1958CriLJ756; ILR1959Bom358

Dhanbad and the Regional Inspector of Mines, Chhindwara. Similarly, notices of the accident under Section 23(1) of the Mines Act, 1952, were also given immediately.3. Early In May 1956, the Regional Inspector of Mines directed Bhankaran (P.W. 1), an

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 … amend and consolidate the law relating to the regularisation of labour and safety in mines. In terms of Section 23 of the said Act whenever any accident occurs in or about a mine, inter alia, causing loss of

New Satgram Engineering Works and anr. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Subject : Constitution

Acts : Coal Mines (Nationalisation) Act, 1973 - Sections 2, 3(1), 7, 8, 9, 9(1), 17(1), 18, 18(1), 18(2), 18(3), 18(4), 18(5), 19, 19(1), 19(2), 19(3), 19(4), 19(6), 19(7), 20 to 27; Coking Coal Mines (Nationalisation) Act, 1972 - Sections 22(3); Coal Mines Nationalisation Laws (Amendment) Act, 1978; Coal Mines (Taking over of Management) Act, 1973; Coal Mines (Taking over of Management) Ordinance, 1973; Constitution of India - Article 32 and 226; Coal Mines (Conservation, Safety and Development) Act, 1952 - Sections 4; Industries (Development and Regulation) Act, 1951; Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948 - Sections 3C, 20(3), 21, 22, 23, 24, 24-A, 25, 26, 26(1) and 26(5); Workmen's Compensation Act, 1923; Constitution of India (Thirty ninth Amendment) Ac

Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406

incumbrances. Parliament instead of providing that the word 'mine' shall have the meaning assigned to it in the Mines Act, 1952 has given an enlarged definition of 'mine' in Section 2(h) so that not merely the colliery but everything … rejected and shall be restored on his file and shall be dealt with in the manner specified in Section 23. Section 21 provides for priority of claims in relation to arrears of Provident Fund, Pension, Gratuity, etc.36. Section

G.D. Bhattar and ors. Vs. the State

Court : Kolkata

Subject : CriminalLimitation

Acts : Mines Act, 1952 - Sections 17, 18, 18(1), 18(2), 39, 73, 78 and 79; ;Coal Mines Pithead Bath Rules, 1946 - Rule 3(1); ;Mines Creche Rules, 1946 - Rule 3; ;Limitation Act, 1908 - Sections 23 and 29(2); ;Constitution of India - Article 20; ;General Clauses Act, 1897 - Section 24; ;Mines Act, 1923; ;Code of Criminal Procedure (CrPC) , 1898 - Section 403

Reported in : AIR1957Cal483,61CWN660

was somewhat different. That case arose out of certain prosecutions under Sections 73 and 66 of the Indian Mines Act, 1952 and there the point was raised that the rules and regulations framed under the old Act were no … Section 16 of the Indian Mines Act, 1923 which corresponded to Section 18 of the Mines Act of 1952. Section 16 of the Act of 1923 agrees word for word with Section 18 of the Act of 1952. … the legislature. The prosecution in arguing this way really invoked the aid of the principles laid down in Section 23 of the Limitation Act without actually referring to it. That section is in the following terms:'Section 23.--In the

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

Court : Supreme Court of India

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)

the Coking and Non-coking Coal mines (Nationalisation) Amendment Act, 1973, as the Commissioner may fix.(3) The provisions of Section 23 shall, as for as may be, apply to the filing, admission or rejection of the proofs referred to … 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

D. Sarkar Alias Dipak Sarkar and ors. Vs. State of Bihar and anr.

Court : Patna

Subject : Labour and Industrial

Acts : Contract Labour (Regulation Abolition) Act, 1970 - Sections 2(1), 23 and 24; Industrial Disputes Act

aforesaid. The definition of 'mine' as contained in Clause (j) of Sub-section (1) of Section 2 of the Mines Act, 1952 also includes all shafts, in or adjacent to and belonging to a mine, whether in the course of … challenging the validity of the prosecution including the delay in trial all these years. For an offence under Section 23 of the Act, punishment is imprisonment . for a term which may extend to three months or with

Commissioner of Wealth-tax Vs. Amatul Kareem

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 274(1) and 275; Wealth Tax Act, 1957 - Sections 14, 14(2), 15, 16, 17, 18, 18(1) and 23

Reported in : (1987)63CTR(AP)297; [1987]167ITR703(AP)

1973CriLJ347 , the question was whether the failure to furnish a return is a continuing offence under the Mines Act, 1952. Shelat J., speaking for the court, held that under section 66 read with regulation 3, the owner, etc., … AIR1959SC798 , the question for consideration was whether the bar of limitation under article 120 is saved by section 23 of the Limitation Act, 1908. The question raised therein was whether the wrong execution and taking possession thereunder

The State of Meghalaya Vs. All Dimasa Students Union Hasao District Co ...

Court : Supreme Court of India

Subject : Land Acquisition

empowers the District Magistrate to institute prosecution against any owner, agent or manager for any offence under the Mines Act, 1952. Section 75 is 121 as follows:- “75. Prosecution of owner, agent or manager.--No prosecution shall be instituted against any … challenged by KA Hima Nongstoin Land Owners, Coal Traders and Producers Association. The NGT vide its order dated 23.12.2015 had permitted transportation of coal for the period till 15.05.2016. By order dated 31.03.2016, NGT refused to further

Association of Natural Gas and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 143, 143(1), 226 and 246; ;Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001 - Sections 2, 8, 9, 23(1), 25, 25(2), 34(1), 34(2), 55(1) and 55(2); Petroleum Act, 1934; Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; Oil Industry (Development) Act, 1974; Petroleum and Natural Gas Rules, 1959; Industries (Development and Regulation) Act, 1951; Government of India Act, 1935 - Sections 100; ;Mines Act, 1952; Mines and Minerals (Development) Act, 1957; Industries (Development and Regulation) Act, 1957; Bengal Money Lenders Act, 1940; Oriental Gas Company Act, 1960; Liquid Fuel Emergency Act, 1984 - Sec

Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489; [2004] 3 SCR 534

from the pre-constitutional laws, the Union has passed series of legislations relating to petroleum and petroleum products. The Mines Act, 1952; the Mines and Minerals (Development) Act, 1957; Oil Fields (Regulation and Development) Act, 1948; Petroleum and Minerals Pipelines … (2) states that whoever Carries on business of transmission in contravention of Clause (a) of Sub-section (1) of Section 23 or of Clause (a) or (b) of Sub-section (2) of Section 55 or whoever carries on business of

Altaf Ismail Sheikh Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Control of Organised Crime Act, 1999 - Sections 2, 3, 3(1), 3(2), 3(5), 7, 11, 17 to 22, 23, 23(1), 23(2) and 27; Constitution of India - Articles 20, 20(1) and 226; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 25; Mines Act, 1952 - Sections 66; Indian Penal Code (IPC) - Sections 34, 154, 157, 239, 227, 409 and 120(B); Prevention of Corruption Act, 1988

Reported in : 2005CriLJ3584

and Anr., reported in : 1973CriLJ347 , the Apex Court while examining the provisions of Section 66 of Mines Act, 1952, drew distinction between the continuance of offence and the offences which take place when acts or omissions committed … control of criminal activity by organized crime syndicate or gang and for matters connected therewith or incidental thereto, Section 23 thereof specifically opens with non obstante clause, viz. 'notwithstanding anything contained in the Code'. Apart from the said