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Aug 18 1997

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

Court : Andhra Pradesh

Decided on : Aug-18-1997

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

: 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 … Cr.P.C. wasnot obtained and (2) that the respondents haveacted in 'good faith' in discharging their officialduties and hence Section 28 of the Mines Actis a bar. The learned Magistrate held that therespondents are not public servants inasmuchas they

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Feb 06 1979

Sri Tarkeshwar Sio Thakur Jiu Vs. Dar Dass Dey and Co. and ors.

Court : Supreme Court of India

Decided on : Feb-06-1979

Subject : Property

Acts : West Bengal Estates Acquisition Act, 1953 - Sections 6(1), 27 and 28; Mines Act, 1952 - Sections 2; Transfer of Property Act - Sections 3, 105, 107 and 108; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; Indian Easements Act - Sections 52; General Clauses Act, 1897 - Sections 3(26)

Reported in : AIR1979SC1669; (1979)3SCC106; [1979]3SCR18

Estates Acquisition Act, 1953, Section 3 of Mines and Minerals (Regulation and Development) Act, 1957, Section 2 of Mines Act, 1952, Section 52 of Indian Easement Act, 1882 and Section 3 (26) of General Clauses Act, 1897 - appellant who … it would still operate as a lease from month to month; (b) it was not a licence; and(c) Section 28 of the Act applied and, as the plaintiff was not directly working the mine in the land, he

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Aug 22 2006

Bharat Coking Coal Ltd. and Tata Iron and Steel Company Vs. the State ...

Court : Jharkhand

Decided on : Aug-22-2006

Subject : Commercial

Acts : Mines and Minerals (Development and Regulation) Act, 1957 - Sections 3, 3(6), 5 to 13, 13(2), 14, 15, 15(1), 17A(2), 28, 28(3) and 57; Mines and Minerals (Regulation and Development) (Amendment) Act, 1972; Mines Act, 1952 - Sections 57; Mineral Concession Rules, 1960 - Rules 27, 27(1), 27(2), 27(5), 54(1), 64 and 64A; Tamil Nadu Minor Mineral Concession Rules, 1959 - Rule 38A; Mineral Concession Regulations; Metaliferous Mines Regulations, 1961 - Regulation 4

Reported in : [2007(1)JCR25(Jhr)]

petitioners, which deals with the violation of Regulation 4 of the regulations framed under Section 57 of The Mines Act, 1952. Section 57 of The Mines Act, 1952 empowers the Central Government to make regulations for purposes specified in that … Minerals (Development & Regulation) Act, 1957;d. Notification has not been approved by the State Legislature, as required under Section 28(3) of Mines and Minerals (Development & Regulation) Act, 1957; ande. It is unreasonable, impracticable and discriminatory in nature.Impugned

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Feb 13 1997

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

Court : Patna

Decided on : Feb-13-1997

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 … petitioners has been filed by the second respondent, Labour Enforcement Officer (Central), Dhanbad who has been appointed under Section 28 of the Act as Inspector by the Central Government. The complaint was filed as far back on October

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May 02 2006

Ramchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : May-02-2006

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 1(4), 1(5), 2(12) and 87; Beedi Workers Welfare Fund Act, 1976; Workmen's Compensation Act, 1923 - Sections 4 and 3; Employees' Provident Fund and Misc. Provisions Act, 1952; Employees' State Insurance (Amendment) Act, 1989; Beedi and Cigar Workers (Conditions of Employment) Act, 1966 - Sections 26, 28, 37(3), 38(2), 39, 46, 49, 50, 51, 52(A), 56, 58, 59 and 61; Beedi Workers Welfare Cess Act, 1976; Maternity Benefits Act, 1961; Central Excises Act, 1944; Bidi and Cigar Workers (Regulation of Conditions of Service) Act; Mines Act, 1952; Factories Act, 1948; Industrial Disputes Act, 1947; Maharashtra Workmen Minimum House Rent Allowance Act, 1983; Employees' State Insurance Act, 1941 - Sections 61; Payment of Wages

Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339

or is ordinarily so carried on but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;seasonal factory' means a factory which is exclusively engaged in one or more of … provisions of Employees' State Insurance Act to the petitioner's factory, in particular, and generally to challenge the amended Section 2(12), i.e., definition of 'Factory' and consequential notifications. The prayers read as follows:(i) strike down the impugned Notification … the Constitution of India;(ii) strike down the impugned Notification No. S-38013/20/82-H1, dated 28-5-1982 issued by the Central Government vis-a-vis the bidi industry in general and

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Dec 18 1992

Sivandhi Adityan Vs. Additional Registrar of Companies

Court : Chennai

Decided on : Dec-18-1992

Subject : Company

Acts : Companies Act, 1956 - Sections 2, 2(30), 5, 58A, 58A(1), (4), (5) and (6), 468(2), 477, 478, 539, 543, 545, 621, 625 and 633; Companies (Acceptance of Deposits) Rules, 1975 - Rules 3A and 11

Reported in : [1995]83CompCas616(Mad); 1994CriLJ1149

was filed in the Court of the Magistrate, Dhanbad, on April 12, 1961. (a) Section 66 of the Mines Act, 1952, provides that a person omitting to file any return, notice etc., in the prescribed form or manner or … under the 1961 Act but the amount of penalty had to be quantified according to the provisions of section 28 of the Indian Income-tax Act, 1922 (for short 'the 1922 Act'). Applying the provisions of the 1922 Act,

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Oct 09 2006

The State Rep. by Inspector of Police, Pudukottai, Tamil Nadu Vs. A. P ...

Court : Supreme Court of India

Decided on : Oct-09-2006

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 7, 13, 13(1), 13(2), 19 and 28; Code of Criminal Procedure (CrPC) , 1973 - Sections 212(2), 219(1), 220 and 360; General Clauses Act, 1897 - Sections 8; Prevention of Corruption Act, 1947 - Sections 5(2); Probation of Offenders Act, 1958 - Sections 1(3), 18 and 19; Indian Penal Code (IPC), 1860 - Sections 71 and 161; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1898 - Sections 562; Customs Act, 1962; Sea Customs Act, 1878; Central Excise Act, 1944 - Sections 12; Indian Mines Act, 1923 - Sections 2; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Mines Act, 1952 - Sections 2; Defence of India Rules - Rule 126P(2); Defence of India Act, 1962 - Sections 43

Reported in : AIR2007SC51; 2006CriLJ4772; [2007(2)JCR54(SC)]; JT2006(12)SC590; 2007(1)MPHT1; 2007(1)OLR(SC)143; 2006(10)SCALE62; (2006)11SCC473

should be construed as references to the definition of 'owner' in Clause (1) of Section 2 of the Mines Act, 1952, which repealed and re-enacted 1923 Act. Consequently, the references to Section 562 of Old Code in Section 19 … sentence and Section 43 of the Defence of India Act, 1962 almost similar to the purport enshrined in Section 28 of the Act in the context of a claim for granting relief under the Probation Act, this Court

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Apr 26 2004

State Through S.P., New Delhi Vs. Ratan Lal Arora

Court : Supreme Court of India

Decided on : Apr-26-2004

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 1(3), 7, 13, 13(1), 13(2), 19, 28 and 40; Code of Criminal Procedure (CrPC) , 1973 - Sections 360; Prevention of Corruption Act, 1947 - Sections 5(2); Probation of Offenders Act, 1958 - Sections 18 and 19; General Clauses Act, 1897 - Sections 8; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1898 - Sections 562; Reformatory Schools Act, 1897 - Sections 31; Customs Act, 1962; Customs Act, 1878; Central Excise Act, 1944 - Sections 12; Indian Mines Act, 1923 - Sections 2; Indian Mines Act, 1952 - Sections 2; Defence of India Rules - Rule 126P(2); Defence of India Act, 1962 - Sections 43; Coal Mines Provident Fund and Bonus Schemes Act, 1948

Reported in : AIR2004SC2364; 2004(1)ALD(Cri)1011; (2005)1CALLT24(SC); 2004CriLJ2105; 111(2004)DLT250(SC); JT2004(5)SC352; 2004(5)SCALE67; (2004)4SCC590; 2004(3)SLJ331(SC)

should be construed as references to the definition of 'owner' in Clause (1) of Section 2 of the Mines Act, 1952, which repealed and re-enacted 1923 Act. Consequently, the references to Section 562 of Old Code in Section 19 … six months and one year respectively in addition to the maximum sentences as well as imposition of fine. Section 28 further stipulates that the provisions of the Act shall be in addition to and not in derogation of

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Jul 07 2006

Hotel Hindustan International Employee's and Workers' Union Vs. State ...

Court : Kolkata

Decided on : Jul-07-2006

Subject : Labour and Industrial

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

Reported in : 2006(4)CHN188

Act, 1948 (63 of 1948); or(ii) a mine as defined in Clause (j) of Section 2 of the Mines Act, 1952 (35 of 1952); or(iii) a plantation as defined in Clause (f) of Section 2 of the Plantations Labour … industry as defined in Section 2(aa) of the said Act. By referring to Form H as prescribed under Section 28 of the said Act as well as the list of industries appended thereto, Mr. Majumdar submitted that serial

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Sep 11 1959

The Associated Cement Companies Limited, Chaibassa Cement Works, Jhink ...

Court : Supreme Court of India

Decided on : Sep-11-1959

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 18(3), 25-C, 25- E and 33; ;Factories Act, 1948 - Sections 2; Plantations Labour Act, 1951 - Sections 2; Mines Act, 1952 - Sections 2 and 17

Reported in : AIR1960SC56; (1960)ILLJ1SC; [1960]1SCR703

whereas the appropriate authority in respect of the limestone quarry, which was a mine as defined in the Mines Act, 1952, was the Central Government. The second contention was that there were two sets of Standing Orders, one for … are unnecessary for our purpose, were not granted on or before February 28, 1955. A similar notice was also given on behalf of the A.C.C. … the strike materialising in the limestone quarry, it would be necessary for the management to close down certain sections of the factory at Jhinkpani on account of the non-supply of limestone; the notice further stated that in

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