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K.K. Sharan and ors. Vs. State of Jharkhand and anr.

Court : Jharkhand

Subject : Criminal

Acts : Mines Act, 1952 - Sections 2C, 72C(1), 73 and 75; Coal Mines Regulation, 1957 - Regulations 36(1), 42(1), 44(8), 57(3) and 112; ;Code of Criminal Procedure (CrPC) - Sections 482; Indian Penal Code (IPC) - Sections 286, 288, 304A, 337, 338 and 447

Reported in : [2005(3)JCR481(Jhr)]

No. 134/96. Thereafter Director of Mines and Safety, Koderma region also investigated the matter under the provisions of Mines Act, 1952 to know the causes and circumstances which led to the accident and on final conclusion of his investigation, … and Section 72-C(1)(b) of Mines Act, 1957 alleging contravention of Regulations 57(3), 42(1), 44(8) and Regulations 112 and 36(1) of Coal Mines Regulation, 1957 against … ORDERH.S. Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal case against the

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 21, 32, 32(1), 32(2), 39, 41, 42, 226 and 256; Code of Civil Procedure (CPC), 1908 - Order XXVI - Order XLVI, Rules 6, 13, 14, 19, 20, 21 and 22; Mines Act, 1952 - Sections 2 and 3(1); Inter-State Migrant Workmen Act; Inter-State Migrant Workmen Rules; Mines Rules, 1955 - Rules 30 to 32; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 2(1), 4, 8, 12 and 21; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 - Rules 22 to 45; Bonded Labour System (Abolition) Act, 1976 - Sections 2, 4, 5 and 10 to 15; Maternity Benefit Act, 1961; Evidence Act; Contract Labour Act - Sections 2(1), 16, 17, 18 and 19; Contract Labour (Regulation and Abolition) Central Rules

Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC); 1983 (3) SCC 161

employed in the stone quarries. The first statute to which we must refer in this connection is the Mines Act, 1952. This Act extends to the whole of India and therefore applies a fortiorari in the State of Haryana. … particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health … abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people. But, unfortunately, as subsequent events have shown and that is borne out also by the

Kitex Garments Ltd. Vs. State of Kerala and anr.

Court : Kerala

Subject : Municipal Tax

Acts : Factories Act - Sections 2 and 42 to 48; Kerala Building Tax Act - Sections 3, 3(1) and 3(2); Mines Act, 1952

Reported in : 2009(1)KLJ753

power, or is ordinarily so carried on,--but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a mobile unit belonging to the armed forces of the union, a railway running … consider whether any other building attached to a factory is also eligible for exemption under Section 3. Under Section 42 of the Factories Act, in every factory, adequate and suitable facilities for washing for the use of the

Sudhanshu Gupta, Vs. Airports Authority of India and anr.

Court : Delhi

Subject : Service

Acts : Airports Authority of India Act, 1994 - Sections 18, 18(1), 18(2), 18(3), 18(5), 18(7), 41, 42, 42(5), 46 and 46(2); International Airport Authority Act, 1971 - Sections 47; National Airport Authority Act, 1985 - Sections 38; Indian Telegraph Act, 1885 - Sections 5 and 5(1); Safety of Civil Aviation Act, 1982; General Clauses Act, 1897 - Sections 2(51), 6, 6(11) and 24; Mines Act, 1923 - Sections 31(4); Mines (Amendment) Act, 1952; Coal Mines Regulations, 1926 - Regulations; ECDA Regulations - 5, 5(1), 5(5), 5(6), 5(9), 5(20), 5(22), 26, 28, 29, 30 and 33; Constitution of India - Articles 31(2), 32, 74(1), 163(1), 226 and 311(2)

Reported in : 2003IVAD(Delhi)743; 105(2003)DLT620; 2003(69)DRJ722; 2004(1)SLJ105(Delhi)

be in force at the relevant date and have to be deemed to be regulations made under the Mines Act, 1952.' 26.Learned senior counsel next referred to the judgment of the Supreme Court in Hasan Nurani Malak v. S.M. … 41 of the said Act to the Central Government. However, Regulations could be made by the Authority under Section 42 of the said Act provided the same are approved by the Central Government and published in the Official

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 … 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 of the Sales Tax X Act

Oil and Natural Gas Corpn. Ltd. Vs. Engineering Majdoor Sangh

Court : Gujarat

Subject : Labour and Industrial

Acts : Employment Exchange (Compulsory Notification of Vacancies) Act, 1959; Industrial Disputes Act, 1947 - Sections 25F, 25G, 25H, 25K(2), 25M, 25N, 25T, 25U, 33(1) and 33A; Minimum Wages Act; Oil and Natural Gas Commission Act, 1959 - Sections 32; Evidence Act; Mines Act, 1952 - Sections 2(1); Contempt of Courts Act; Oil and Natural Gas Commission (Recruitment and Promotion) Regulations, 1980; Oil and Natural Gas Commission (Recruitment and Promotion) Rules; Constitution of India - Articles 14, 16, 37, 38, 39, 41, 42, 43, 51A, 226 and 227

Reported in : (2005)3GLR2152; (2006)ILLJ587Guj

natural gas and petroleum, will be a 'mine' within the meaning of Section 2 (1) (j) of the Mines Act, 1952 and hence an 'industrial establishment' for the purposes of the I.D.Act. In the facts of the present case, … requires the State within its limitation to make effective provisions for securing the right to work and Article 42 requires making of provisions for securing just and humane conditions of work. Article 43 requires the State to

Steel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...

Court : Supreme Court of India

Subject : Labour and IndustrialConstitution

Acts : Contract Labour (Regulation and Abolition) Act, 1970 - Sections 1, 2, 2(1), 3(1), 7, 8, 9, 10, 10(1) and (2), 12, 12(1), 16, 17, 18, 19, 20, 21, 21(4), 23, 24 and 25; Industrial Disputes Act, 1947 - Sections 2 and 10; Constitution of India - Articles 12, 14, 16, 23, 32, 38, 39, 41, 42, 43, 43A and 226; Contract Labour (Regulation and Abolition) (Amendment) Act, 1986; Dock Workers (Regulation of Employment) Act, 1948 - Sections 5-A; Companies Act, 1956; Employees' State Insurance Act, 1948 - Sections 3; Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 - Sections 3-A; Employees' Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 5-A and B; Life Insurance Corporation Act, 1956; Deposit Insurance and Credit Guarantee Corporation Act, 1961 - S

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

to them in Clause (i), Clause (j) and Clause (c) of Sub-section (1) of Section 2 of the Mines Act 1952 (35 of 1952).74. It contains four parts. Under the first part, the head of any office or department … a contractor who is not licensed. He laid emphasis upon the Directive Principles contained in Articles 39 41 42 86 43 and urged for interpreting the beneficial legislation like CLRA Act to promote the intention of the

The Deputy Director of Mines (Safety) Vs. P. Nagbhushanam and ors.

Court : Karnataka

Subject : Criminal

Reported in : 1973CriLJ549

petitions are these: The accused in these cases were charged under Sections 70, 72-C(1)(b) and 73 of the Mines Act, 1952 (hereinafter referred to as the Act) read with Regulations, 1961. The accused raised a preliminary point, that the … the workmen working during the legitimate period of rest. The Manager and the occupier were accused of violating Section 42 punishable under Section 60(b)(i) by allowing workmen to work at hours otherwise than in accordance with the notice

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 … this Court M.A.No.427 of 2016 was filed before the NGT. By order dated 10.05.2016 applications, M.A. Nos.400 and 427 of 2016 were dismissed. By the same order the State of Meghalaya was directed to place on record

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 petitioners was a continuing one, and there can be no Question of the prosecution being barred under Section 42 of the Mines Act.'With due respect to their Lordships of the Patna High Court I must say that