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Vijay Kumar Singh and ors. and Krishna Kamal Prasad @ Krishna Kant Pra ...

Court : Patna

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Sections 2, 6, 7, 92, 105, 106 and 119; Bihar Factory Rule, 1950 - Rules 3, 3A, 4, 5 and 11; Mines and Minerals (Development and Regulation) Act, 1957; Mines Act, 1952 - Sections 2; Bihar Minor Mineral Concession Rules, 1972 - Rules 9 and 21

are doing their Mining operation in their lease hold areas for which they are at liberty under the Mines Act, 1952, Mines and Minerals (Development and Regulation) Act, 1957 as well as under the BMMC Rules, 1972. Learned Counsel … Factory Act against these Petitioners.4. Prosecution case in short is that these Petitioners have violated the provisions of Section 6 read with Section 7 of the Factory Act and Rules 3, 3A, 4 and 5 of Bihar Factory

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

Court : Supreme Court of India

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 … possession on the date of the vesting (April 14, 1955); so he could not retain the land under Section 6(1)(i) of the Act. In the result, the suit was dismissed.6. The first appellate Court reversed the decision of

Banwarilal Agarwalla Vs. the State of Bihar and ors.

Court : Supreme Court of India

Subject : Labour and IndustrialCriminal

Acts : Coal Mines Regulations, 1957; Mines Act, 1923 - Sections 10; Mines (Amendment) Act, 1952 - Sections 6, 59(3) and 76; Constitution of India - Article 14

Reported in : AIR1961SC849; [1961(3)FLR253]; (1961)IILLJ140SC; [1962]1SCR33

as a result of which 23 persons lost their lives. After an inquiry under s. 24 of the Mines Act, 1952, into the causes of and the circumstances attending the accident, and the publication of the report of the … argument is that the provisions of s. 12 and s. 59 of the Mines Act, 1952, are mandatory. Section 12 provides :- '(1) The Central Government may constitute for any part of the territories to which this … of making the same and as to the suitability of its provisions.' 6. A similar provision was made in the fourth sub-section as regards the

State of Rajasthan Vs. Pannalal and ors.

Court : Rajasthan

Subject : Criminal

Acts : Indian Metalliferous Mines Regulations, 1926; Mines Act, 1952 - Sections 88; General Clauses Act, 1897 - Sections 24; Part B States (Laws) Act, 1951 - Sections 6

Reported in : AIR1958Raj59; 1958CriLJ226

State against the acquittal of Pannalal and eight others of an offence under Section 73 of the Indian Mines Act, 1952 (No. XXXV of 1952) thereinafter called the Act) read with Rules 23 and 71 of the Indian Metalliferous … III of 1951), these rules and regulations, though they were deemed to continue under the second proviso to Section 6 of the Part B States (Laws) Act, only continued as rules under the Ordinance (No. XXXIV of 1948)

ichchapur Industrial Cooperative Society Ltd. Vs. Competent Authority, ...

Court : Supreme Court of India

Subject : Commercial

Acts : Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 - Sections 2, 3, 3(1), 6(1), 7, 7(1) and 8; Mines Act, 1952 - Sections 2; Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) (Amending) Act, 1977

Reported in : (1998)1CALLT1(SC); (1998)1GLR269; JT1997(1)SC129; 1996(9)SCALE421; (1997)2SCC42; [1996]Supp10SCR416

S. Saghir Ahmad, J.1. Leave granted.2. Water is a mineral within the meaning of Mines Act, 1952 read with Section 2(ba) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, … under Section 3(1) of the Act on 23.6.83. This Notification was followed by Notification dated 16.1.84 issued under Section 6(1) of the Act and the right of user in the aforesaid land stood acquired for laying the pipelines.

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 … court of inquiry, is also not a Court.30. It may, however, be of some interest to note that Section 6 of the Court of Inquiries provides that any statement made by any person before such court of inquiry

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. … Section 4 provides for registration of every principal employer of an establishment to which the Act applies and Section 6 enacts that no principal employer of an establishment to which this Act applies, shall employ inter-State migrant workmen

Union of India Vs. A.B. Shah and Others

Court : Supreme Court of India

Subject : Criminal

Acts : Mines Act, 1952 - Sections 22, 72, 73 and 79; Coal Mines Regulations, 1957 - Regulation 100(1); Consumers Protection Act, 1986 - Sections 2

Reported in : AIR1996SC3281; 1996(2)ALD(Cri)15; 1996(2)Crimes181(SC); JT1996(5)SC128; 1996(4)SCALE307; (1996)8SCC540; [1996]Supp2SCR620

Bench), this appeal is filed by special leave.2. The appellant preferred a complaint under Section 73 of the Mines Act 1952 (hereinafter referred to as 'the Act') read with Regulation No. 100(1) of the Coal Mines Regulations 1957 (hereinafter … on, the agent of the Oriental Coal Company Limited applied for certain modifications in conditions Nos. 5 and 6 which was granted on 14.6.1971. Subsequently, on 30.1.1973, the possession of the coal mines was taken over by

Promoters and Builders Assn. of Pune Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

covered by the provisions of the Rules of 1968. The definition of 'Mine' in Section 2(j) of the Mines Act, 1952 and the meaning of the expression 'mining operation' assigned by Section 3(d) of the Act of 1957 has … undertaken, therefore, cannot be characterised as one of excavation of a minor mineral. Additionally, the provisions of Rule 6 of the Maharashtra Land Revenue (Restriction on Use of Land) Rules, 1968 (hereinafter for short 'the Rules of

Central Coalfields Ltd. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Subject : Constitution

Acts : Constitution of India - Article 226; Excise Act, 1994 - Sections 11A

Reported in : [2004(1)JCR437(Jhr)]

Tribunal, Eastern Bench, has decided that the workshop in question was a 'mine' within the meaning of the Mines Act, 1952 and hence it could not be considered to be a factory within the meaning of Section 2(m) of … Central Repair Shop of the petitioner located at Barkakana in the district of Hazaribagh. By that communication, dated 6.6.2003, the petitioner was informed that the exemption under Notification No. 63/95 CE dated 16.3.1995, was not available to