Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: old Year: 2007 Page 3 of about 42 results (0.146 seconds)

Ashwinkumar S/O Kanakraj Gandhi Vs. Laxmidas Bhagwandas Mehta (Decease ...

Court : Mumbai

Reported in : 2007(5)ALLMR677; 2007(5)BomCR601; 2007(6)MhLj819

..... 1984 mh.l.j. 719.11. i have perused the judgment of revisional court. the revision court, while considering the revision application under section 29 of the act of 1947, framed three points for determination. maintainability of revision application was point no. 1 and modification in the finding of the trial court was second point. ..... of the petitioner, contention is raised that the revisional court has recorded an illegal finding that the revision application is not maintainable under section 29 of the act of 1947. another finding of the revisional court that scribe of the will in question is not attesting witness is per-se illegal. according to the learned ..... held that neither ayodhyabai alias meena nor the present petitioner ashwinkumar are legal heirs of deceased defendant no. 1 kashinath under section 5(11)(c)(ii) of the act of 1947. this order was subject matter of revision application no. 11 of 1989 before the learned district judge, jalgaon, who, after hearing the parties, rejected .....

Vinod Son of Subhashrao Shinde, Vs. the State of Maharashtra, Through ...

Court : Mumbai

Reported in : 2007(5)ALLMR540; 2008(1)BomCR485

..... be wholly improper to proceed to make recruitment in the absence of such certification. section 10(6)(a) of the maharashtra project affected persons rehabilitation act, 1999 (maharashtra act no. xi of 2001) reads as under section 10(6)(a) in all class iii and class iv category of services under the establishment of ..... breach. no reservation has been provided for blind and disabled persons, project affected persons as required by section 10 of the maharashtra project affected persons rehabilitation act, 1999 (mah. act no. xi/2001). no list of part time employees from the collector was called as per condition no. 4. respondent no. 4. bank has ..... state government departments, public sector undertakings, local self government, government-aided institutions and co-operative societies specified under section 73a of the maharashtra co-operative societies act, 1960 there shall be not less than five per cent priority quota for the employment of nominees of the affected persons. it is clear from the .....

Chandra Mohan Shukla Vs. State of Assam and anr.

Court : Guwahati

..... given to the accused to examine the witnesses and, hence, summary of evidence is not, legally speaking, 'evidence' as conceived under section 3 of the evidence act.27. in the case of courts of ordinary criminal jurisdiction, a person may appear or may be brought before the court on accusations of his having committed ..... importantly, though rules 22, 23 and 24 use the expression 'evidence', the word 'evidence' is not really evidence as is understood under section 3 of the evidence act and the expression 'charge', which appears in rules 22, 23 and 24, is not really a formal 'charge', which a criminal court frames. the expression 'charge', ..... , masimpur military station, requesting transfer of lakhipur police station case no. 73/2005 aforementioned to the army authorities for trial of the accused-petitioner under the army act. by order, dated 5-3-2007, aforementioned, learned chief judicial magistrate, cachar, silchar, allowed the said application and directed that the case record be handed .....

Sempra Metals Limited (formerly Metallgesellschaft Limited) (Responden ...

Court : House of Lords

..... cases cited in paragraph 206 above underline the point. the situation differs where there is a proprietary claim. the fruits or offspring of my property in your hands are mine. 219. once a proprietary claim was ruled out, the issue in westdeutsche landesbank girozentrale v. islington london bc [1996] ac 669 became whether compound interest was recoverable ..... (or treasury) actually had from its use of the money. in support of its preferred former basis of claim, sempra referred to cases such as whitwham v. westminster brymbo coal and coke company [1896] 2 ch 538, watson laidlaw and co. v. pott cassells and williamson (1914) 31 rpc 104, 119-120 per lord shaw, inverugie investments ..... the conclusion of the majority, in my respectful opinion, confuses the remedy for a payment made under a mistake with the remedy for loss caused by a wrongful act. the wrongful act may be tortious, or a breach of contract, or it may be, as here, a breach of some statutory obligation. but, whichever it is, the .....

Arjun Kisan Bhagat Vs. Nana Laxman Tapkire and Ramdas Rakhmaji Jadhav

Court : Mumbai

Reported in : 2007(5)ALLMR666; 2007(5)BomCR581

..... patent error while decreeing the suit irrespective of the settled legal position that the suit was outside the purview of section 79 of the b.p.t. act and hence, not maintainable under section 80 thereof. the first appellate court did not consider the issue of limitation in proper perspective. the first appellate court ..... substantial questions of law need determination:(i) whether the first appellate court committed patent error while confirming the scheme drawn under section 50a of the b.p.t. act and rendered perverse finding to the effect that the charity commissioner was not bound to hear the trustee (appellant) while framing the scheme.? (ii) whether the ..... some villagers, including the respondents, submitted an application to the joint charity commissioner in 1980, seeking framing of scheme under section 50a of the b.p.t. act. they claimed themselves to be worshippers of the deity and as such interested in the devasthan trust. they asserted that a large number of worshippers visit the .....

Japani Sahoo Vs. Chandra Sekhar Mohanty

Court : Supreme Court of India

Reported in : AIR2007SC2762; 2007CriLJ4068; 2007(4)CTC740; JT2007(9)SC471; 2007(3)KLT760(SC); 2007(9)SCALE400; 2007(2)LC941(SC)

..... . no criminal proceeding can be abruptly terminated when a complainant approaches the court well within the time prescribed by law. in such cases, the doctrine 'acts curiae neminem gravabit' (an act of court shall prejudice none) would indeed apply. [vide alexander rodger v. comptoir d'escompte (1871) 3 lr pc 465]. one of the first ..... of an offence. in bharat damodar, a complaint was filed by drugs inspector against the accused for offences punishable under the drugs and magic remedies (objectionable advertisements) act, 1954. the complaint was lodged in the court on march 3, 2000 in respect of offence detected on march 5, 1999. the period of limitation was one ..... it was submitted that taking of cognizance was within the domain of the magistrate and not within the power, authority or jurisdiction of the complainant and the act of court cannot adversely or prejudicially affect a party to a litigation. it was also submitted that the respondent- accused abused his position and misused his powers .....

Union of India (Uoi), Through Dy. Salt Commissioner, Vs. Mohammed Masu ...

Court : Mumbai

Reported in : 2007(6)BomCR156

..... while esufali salebhai's case (supra) ruled that the government is not barred from acquiring and paying for the only outstanding interest merely because the said act, which primarily contemplates all interests as held outside government, directs that the entire compensation based upon the market value of the whole land, must be distributed ..... interests therein, depending upon the facts of each case. the land which already belongs to the government cannot be a subject matter of acquisition under the said act. consequently, the land, wherein the government has subsisting ownership interest, though can also be subjected to acquisition proceedings, but to the extent of 'other ..... 's case (supra) wherein it was held that the government is not debarred 'from acquiring and paying for the only outstanding interest merely because the act, which primarily contemplates all interests as held outside government, directs that the entire compensation based upon the market value of the whole land, must be .....

Akanksha International Through Its Proprietor Mrs. Anju Suryaprakash D ...

Court : Mumbai

Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753

..... had executed a sale deed in respect of property (bungalow and lands) owned by company on 20.3.1972. the coal mines (nationalisation) act, 1973 vesting in the central government right, title and interest of owners of coal mines specified in schedule, came into force on 1.5.1973. admittedly the appellant purchasers of property were the wives of the ..... its members. there is no change in the ownership in real sense.27. here we may refer to the case of subhra mukherjee and anr. v. bharat coking coal ltd. and ors. : air2000sc1203 . in that case, their lordships considered the doctrine of lifting of corporate veil. there was allegation of sham and collusive transaction by the ..... section only provides an expeditious way of recovery of bank loans/dues but no where states that such dues will be first charge on property under central act. both acts were enacted by competent legislations for different purposes and there is no conflict between the two. it is also held that the bank's right to recover .....

Arun Kanungo and ors. Vs. D. PakynteIn and ors.

Court : Guwahati

..... premji associated themselves in finding prospective customers for disposing of the contraband whereby they abetted commission of the crime within the meaning of section 29 of the ndps act.in the result, we find no ground to interfere with the impugned judgment of conviction and sentence. accordingly, the impugned judgment and order is hereby affirmed ..... the accused persons were recorded. the accused persons were arrested mainly on suspicion of having committed offence punishable under section 8(c), 21 and 29 of the ndps act. as per the law laid down by the apex court in veera ibrahim v. state of maharashtra reported in : 1976crilj860 certain conditions must be fulfilled ..... taken part in procuring and trying to dispose of the contraband drugs and were accordingly convicted of the offences of abetment and criminal conspiracy under section 29 ndps act, and sentenced to rigorous imprisonment for 10 years each with a fine of rs. 1 lac in default to undergo another one year rigorous imprisonment. .....

State of Bihar Vs. Lalu Prasad and ors.

Court : Patna

..... an order of acquittal is passed in any case in which the offence has been investigated by the delhi special police establishment constituted under the delhi special police establishment act. 1946, the central government may also direct the public prosecutor to present an appeal to the high court from the order of axquittal.378. appeal ,in case ..... inception the code of 1898 exclusively provided the right of filing an appeal against acquittal to the state government. he points out that the delhi special police establishment act was enacted in 1946, yet for 9 years thereafter until the amendment was brought in the 1898 code there was no provision for the central government to ..... either in the state government or the central government and not in the investigating agency or in the prosecuting agency. it is for the prosecuting agency to act on the directions of the state government or the central government and not other way round. if such a submission is accepted then it means that neither .....