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Mar 07 2006

Charan Lal S/O Jhawal Vs. Western Coalfield Limited Through Its Chief ...

Court : Madhya Pradesh

Decided on : Mar-07-2006

Subject : ServiceLimitation

Acts : Industrial Disputes Act, 1947; Mines Act, 1952 - Sections 43, 48, 48(1) and 48(3); Mines Rules, 1955 - Rule 77; Constitution of India - Articles 226 and 227

Reported in : 2006(4)MPLJ85

statutory form and is required to be filled by the employee in terms of Section 48 of the Mines Act, 1952. In this context, Rule 77 of Mines Rules, 1955 may also be taken into consideration. Thus, the form … petitioner filled and submitted requisite form 'B' mentioning his date of birth to be 1/7/1950 and as per Section 43 of the Act, since it is statutory declaration which is having its own significance, thus the petitioner is

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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should be construed as references to the definition of 'owner' in Clause (1) of Section 2 of the Mines Act, 1952, which repealed and re-enacted 1923 Act.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 … while dealing with Rule 126-P (2)(ii) of the Defence of India Rules which prescribed a minimum sentence and Section 43 of the Defence of India Act, 1962 almost similar to the purport enshrined in Section 28 of the

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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 … while dealing with Rule 126-P (2)(ii) of the Defence of India Rules which prescribed a minimum sentence and Section 43 of the Defence of India Act, 1962 almost similar to the purport enshrined in Section 28 of the

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Sep 29 1978

Excel Wear and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-29-1978

Subject : Media and CommunicationLabour and Industrial

Acts : Constitution of India - Articles 13, 13(1), 13(2), 14, 19, 19(1), 19(6), 31, 31-B, 31-C, 32, 39, 39(1), 41, 43, 286 and 358; Industrial Disputes Act, 1947 - Sections 2, 3, 25-A to 25-D, 25-F, 25-FF, 25-FFA, 25-FFA(1), 25-FFF, 25-FFF(1), 25-FFF(2), 25-K to 25-M, 25-M(3), 25-M(4), 25-N, 25-N(2), 25-O, 25-O(1) to 25-O(7), 25-P to 25-R and 30-A; Industrial Disputes (Amendment) Act, 1951; Industrial Disputes (Amendment) Act, 1957; Industrial Disputes (Amendment) Act, 1976 - Sections 4; Factories Act, 1948 - Sections 2; Mines Act, 1952 - Sections 2(1); Plantations Labour Act, 1951 - Sections 2

Reported in : AIR1979SC25; [1978(37)FLR314]; 1978LabIC1537; (1978)IILLJ527SC; (1978)4SCC224; [1979]1SCR1009

Act, 1948; (ii) a mine as defined in Clause (j) of Sub-section (1) of Section 2 of the Mines Act, 1952; or(iii) a plantation as defined in Clause (f) of Section 2 of the Plantations Labour Act, 1951.16. Section … of 1947 was passed in the year 1947. In 1953, an Ordinance was promulgated followed by Amending Act 43 of 1953 inserting Chapter VA containing Sections 25A to 25J. New definitions of 'Lay-Off' and 'Retrenchment' were furnished

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Apr 04 2006

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

Court : Madhya Pradesh

Decided on : Apr-04-2006

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 … 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 and the

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May 12 2005

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

Court : Gujarat

Decided on : May-12-2005

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, … to work and Article 42 requires making of provisions for securing just and humane conditions of work. Article 43 requires the State to endeavour to secure by suitable legislation or economic organisation or in any other way,

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Jul 08 1958

The State of Mysore Vs. P.C. Sarangapani Mudaliar and ors.

Court : Karnataka

Decided on : Jul-08-1958

Subject : PropertyConstitution

Acts : Indian Mines Act, 1952 - Sections 74; ;Indian Metalliferous Mines Regulations, 1926 - Regulations 38, 39, 40, 41, 43(1), 45 and 91; General Clauses Act - Sections 24

Reported in : AIR1960Mys245; 1960CriLJ1227

was somewhat different. That case arose out of certain prosecutions under Ss. 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 … offences punishable under Regulations 38, 39, 40, 43(1) and 45 of the Indian Metalliferous Mines Regulations read with Section 74 of the Indian Mines Act of 1952.All the respondents pleaded not guilty to the several charges when

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Aug 30 2001

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

Court : Supreme Court of India

Decided on : Aug-30-2001

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 … of policy of the State which include welfare measures for the workers. The State policy embodied in Article 43 mandates the State to endeavour to secure, by a suitable legislation or economic organization or in any other

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Sep 06 2010

ispat Khadan Janta Mazdoor Union. Vs. the Director, Steel Authority of ...

Court : Madhya Pradesh Jabalpur

Decided on : Sep-06-2010

Subject : Labour and Industrial

Acts : Contract Labour (Regulation and Abolition) Act, 1970 - Rule 25(2) - Section 10(2), 23, 25 ;

was control of mines manager on all women employees, more than 1500 in number.Provision of Section 48 of Mines Act, 1952 has also been referred to by the Union which provides for Registers of persons employed, other details, nature … which provides for Registers of persons employed, other details, nature of employment, and their was prohibition under sub-section 43(3) of Section 48 carving out that no person shall be employed in a mine until the particulars required

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Jul 03 2019

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

Court : Supreme Court of India

Decided on : Jul-03-2019

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 … of a reconnaissance permit or of a prospecting licence. As per Section 5 sub-section (1) A State Government 43 shall not grant a reconnaissance permit, prospecting licence or mining lease to any person unless such person is

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