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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 … there against in terms of Section 37 of the Act nor such a case would by converted by Section 34 thereof.6. The learned counsel would, thereforee, contend that in any event if such a question can be raised

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 … for matters connected therewith and incidental thereto. The term "Gas" has been defined in the Gujarat Act under Section 2(h) as follows:- "Gas" means a matter in gaseous state which predominantly consists of methane." 2. The State … Chapter IX of the Act deals with offences and penalties and Section 34(1) and (2) states that whoever Carries on business of transmission in contravention

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 … subsequent law.' 7. In Tarun Bora alias Alok Hazarika v. State of Assam, reported in AIR 2002 SCW 3417, the Apex Court, while reiterating its earlier decision in Kalpnath Rai v. State (through CBI), reported in AIR

Employer in Relation to the Management of Central Mine Planning and De ...

Court : Jharkhand

Subject : Labour and Industrial

Acts : Service Law; Constitution of India - Article 226; Industries (Development and Regulation) Act, 1951; Industrial Disputes Act, 1947 - Sections 2, 2(F), 2(K) and 10(1); Mines Act, 1952 - Sections 2(J) and 48; Mines Rules - Rules 48, 51 and 77

Reported in : [2003(3)JCR647(Jhr)]

His final argument is that the petitioner cannot be brought within the definition of Section 2(j) of the Mines Act, 1952 because it is not a 'Mine' within the said definition and therefore the Central Government could not have … and that CMPDIL is a Planning, Design and Engineering Company in the Coal Sector. At Clause 3.2 (page 342) it is evident that CMPDIL has been set up for preparing perspective plans, rendering consultancy services and undertaking

Hotel Neelkamal, Through Its Prop. Shri Kamal Singh Verma, S/O Shri Am ...

Court : Madhya Pradesh

Subject : Other Taxes

Acts : Madhya Pradesh Commercial Tax Act, 1994; Madhya Pradesh Hotel Tatha Vas Grihon Me Vilas Vastuon Par Kar Adhiniyam, 1988 - Sections 6; Madhya Pradesh General Sales Tax Act, 1958 - Sections 27(6) and 81; Sales Tax Act - Sections 3, 11A, 16, 17, 18, 19, 19A, 20, 21, 22, 22A, 23, 24, 24A, 26, 27, 29, 30, 31, 33, 33B, 33C, 34, 35, 36, 37, 38, 39, 40, 41, 42, 42A, 43, 44, 45, 45A, 45B, 46, 47, 47A, 48 and 51; Madhya Pradesh General Clauses Act - Sections 8, 8(1) and 13; Customs Act, 1962; Sea Customs Act, 1878; Indian Mines Act, 1923 - Sections 2; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Mines Act, 1952 - Sections 2; Probation Act - Sections 13(2), 18 and 19; Central Excise Act, 1944 - Sections 12; Indian Penal Code (IPC) - Sections 360 and 562; Madhya Pradesh Vanijya Kar Adhin

Reported in : (2007)5VST260(MP)

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 … 18, 19, 19A, 20, 21, 22, 22A, 23, 24, 24A, 26, 27, 29, 30, 31, 33, 33B, 33C, 34, 35, 36, 37, 38, 39, 40, 41, 42, 42A, 43, 44, 45, 45A, 45B, 46, 47, 47A, 48

State Vs. Ardeshir Hormusji Bhiwandiwala

Court : Mumbai

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 2, 6, 7, 17, 34, 35, 44, 51, 52, 53, 54, 59, 67, 69, 79, 92, 106 and 112; Bombay Factories Act, 1947; Bombay Factories Rules, 1950 - Rules 3 and 4; Code of Civil Procedure (CPC), 1908; Factories Act, 1911 - Sections 2 and 2(3); Factories (Amendment) Act, 1954; Mines Act, 1952; Public Health Act, 1875 - Sections 4; Workmen's Compensation Act, 1925

Reported in : AIR1956Bom219; (1956)58BOMLR66; 1956CriLJ488; ILR1956Bom321; (1956)IILLJ26Bom

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'. It is thus clear that in the Factories Act of 1948 the words … buildings, would have been callous on the question of protecting the eyes of the workers on salt pans. Section 34 enjoins upon the occupier of a factory an obligation to see that no person shall be employed to

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. … Supreme Court on the ground that there was an infringement of Articles 34 and 20 of the Constitution. Their Lordships negatived the challenge on the

Bharat Coking Coal Ltd. Vs. Madanlal Agrawal

Court : Supreme Court of India

Subject : Commercial Tenancy

Acts : Coal Mines (Nationalisation) Act, 1973 - Sections 2, 3, 12 and 26; Coking Coal Mines (Emergency Provisions) Act, 1971

Reported in : 1996IXAD(SC)415; AIR1997SC1599; 1997(1)BLJR569; JT1996(10)SC584; 1996(8)SCALE472; (1997)1SCC177; [1996]Supp8SCR886

and 'Owner' were given the same meaning as in Section 3 of the Indian Mines Act, 1923.10. The Mines Act, 1952 came into force on 1st July, 1952. It dealt with mines generally. 'Mine' was defined by Section 2(j)

Garware Wall Ropers Ltd. Vs. Coastal Marine Constructions Engineering ...

Court : Supreme Court of India

Subject : Arbitration

Chand Thapar, (1962) 1 SCR9 the rule of harmonious construction was used to reconcile Section 31(4) of the Mines Act, 1952 and Section 24 of the General Clauses Act. This Court held: “If the words of Section 31(4) are … scope of authority, may make an application on these grounds for setting aside the award in accordance with Section 34 of the Act. The question, in the context of sub-section (7) of Section 11 is, what is the

Mannalal Modi Vs. Commr. of Income-tax

Court : Orissa

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 23(4) and 34

Reported in : AIR1956Ori37; 21(1955)CLT441; [1956]29ITR30(Orissa)

to the case of the-- 'State of Bihar v. Kameswar Singh', AIR 1952 Pat 417 (F), and the passage at p. 418 was cited. In … assessment year of 1944-45. On receipt of this letter the territorial Income-tax Officer, Cuttack, issued a notice under Section 34, Income-tax Act on 21-3-1949 on Mannalal Modi asking him to submit a return. The notice was served on … assessment cannot be said to have 'escaped' assessment within the statutory meaning.' (Underlines are (here in ' ') mine). Mr. Misra also relies upon the decision in --'Harakchand Makanji and Co. v. Commissioner of Income-tax, Bombay City',