Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: recent Court: kolkata Page 1 of about 53 results (0.042 seconds)

Canadian Commercial Corporation Vs. Coal India Limited

Court : Kolkata

..... parties provided for payment in such foreign currency. the remittance on such account will also be subject to permission from the appropriate authorities. in the alternative, coal india may pay the indian equivalent of such amount at the rate prevailing today. if the costs in either form are not tendered within ten weeks from date ..... make the payment in foreign currency, whether or not the permission therefor was obtained.20. the regime under fera stands much diluted under the foreign exchange management act, 1999 that now governs the field. it is unlikely that if permission is sought by either party for remittance of the award debt in the foreign currency ..... been appended to the application. a duly certified copy of the original agreement for arbitration has also been furnished therewith.4. under section 48 of the said act, the enforcement of a new york convention foreign award may be refused only upon the party resisting its enforcement establishing any of the grounds enumerated therein. .....

Turner Morrison Limited Vs. Bharat Coking Coal Ltd.

Court : Kolkata

..... would overwhelming establish that the plaintiff is the owner of the property and the defendant had recognized such ownership. the defendant relied upon the schedule to the coal mines nationalization act, 1972, to bring home its claim of ownership which fact was known to the defendant at the time when the said defendant was inducted as tenant. ..... was with allahabad bank who was a tenant in respect of the suit premises. accordingly the contention of the defendant that at the time when the coking coal mines nationalization act, 1972 came into force, lodna colliery was owner of the property in question is not only absurd but contrary to record. in support of his ..... defendant discovered certain materials and documents to show that by operation of law the said premises has vested by operation of the provisions of the coking coal mines nationalization act, 1972. the property has vested in the defendant and in obligation to pay view any thereof, rent and the defendant occupation has charges. no .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... of the coal mine.71. according to him, the name or title to the act is not conclusive and cannot be a ..... iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of compensation from bela banerjee to banks nationalisation case do establish that parliament has ultimately wrested the power to amend the constitution, without violating its basic features or structure. concomitantly legislature has power to ..... 42 of list iii totally redundant. moreover, all nationalization acts have been passed to acquire property and thereafter vest in the state for the purpose mentioned in the act i.e. coal mines nationalization act. he further submitted that it would be absurd to argue that such acts were not for acquisition of the undertakings of the owners .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... of the coal mine. 69. according to him, the name or title to the act is not conclusive and cannot be a ..... iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of compensation from bela banerjee to banks nationalisation case do establish that parliament has ultimately wrested the power to amend the constitution, without violating its basic features or structure. concomitantly legislature has power to ..... 42 of list iii totally redundant. moreover, all nationalization acts have been passed to acquire property and thereafter vest in the state for the purpose mentioned in the act i.e. coal mines nationalization act. he further submitted that it would be absurd to argue that such acts were not for acquisition of the undertakings of the owners .....

Coal India Limited Vs. Nicco Corporation Limited

Court : Kolkata

..... , the supreme court noticed that the company's memorandum and articles of association were framed in the year 1973 and the company '(came) into existence consequent upon the nationalisation of the coal mines under the coal mines (nationalisation) act, 1973.'18. the preliminary objection raised by the company is utterly unmeritorious and is rejected.19. that there is a decree outstanding against the company is indisputable. ordinarily ..... appointed as liquidator of the company. such official liquidator issued, inter alia, a notice under section 446 of the companies act to the commissioner of payments appointed under the 1973 act and a further notice on the commissioner of payments under the coking coal mines (nationalisation) act, 1972 requesting such commissioners to refrain from settling the claims of, or making payment to, the creditors or contributories .....

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Reported in : AIR2011SC1254

..... called by issuing notice under the provisions of the code. mr. bandyopadhyay contends that if no criminal case was registered against rizwanur, the police authorities acted arbitrarily and with mala fide intention in repeatedly calling him in lal bazar for the purpose of breaking the matrimonial relationship between the couple at the instance ..... impugned herein justified? is respondent no. 3 responsible in any manner? (iv) did any of the city police officers (respondents 5, 7, 8 and 9) act ultra vires in discharge of official duties? (v) whether investigation conducted by the state police agencies was in accordance with law? (vi) whether the facts and circumstances ..... under the indian penal code as also recommendation of departmental action. the findings of cbi were wholly without jurisdiction, ultra vires the delhi special police establishment act, null and void and completely beyond the activities required to be carried out by the cbi in terms of the order dated 16th october, 2007. (iv .....

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... be valid and leave enough residuary ammunition for the petitioner company to be dealt with there under. the petitioners rely, in this context, on the bank nationalisation case reported at : (1970) 1 scc 248 (rustom cavasjee cooper v. union of india) and paragraph 121 of the report: 121. section 4 of the ..... judgment, void as they impair the fundamental guarantee under article 31(2). sections 4, 5, and 6 and schedule ii are not severable from the rest of the act. the act must, in its entirety, be declared void.69. the petitioners also cite a passage from a treatise on the constitutional limitations by thomas m cooley, a part ..... that the transaction was neither a forward contract nor an option contract and it certainly was not a derivative transaction within the meaning of the reserve bank of india act. it has, however, been the bank's consistent stand that the international swaps and derivatives association (isda) master agreement entered into with the company contemplated foreign exchange .....

Tapas Biswas Vs. Shyama Prosad Ghosal

Court : Kolkata

Reported in : (2008)4CALLT455(HC)

..... kr. banerjee wherein he has shown some new light on judicial discipline. relying upon a division bench decision of this hon'ble court in the case of eastern coal fields ltd. v. sudama das reported in 2007(1) chn 851. mr. banerjee submitted that when divergent views have been expressed by two division benches of ..... under subsection 1 of section 38 and includes an additional controller or deputy controller appointed under sub section 2 of that section. section 38 of the said act makes it clear that appointment of the controller, additional controller or deputy controller should be made by the state government by notification. the appointment of such ..... that the judicial officers while considering the preemption proceeding and/or the appeals arising therefrom are class apart as against the employees of the state government under act of 1955 and conferment of additional duty upon the judicial officers to adjudicate the issues of preemption will not change the character of judicial officers to .....

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... no confrontation. the people at large with their own private problems approach the police authorities with the expectation that the very presence of the police would act as a deterrent in the escalation of such problems which otherwise have the potentiality of leading to undesirable consequences involving commission of offence. this, he submitted ..... , is statutorily recognised in section 149 of the code and 23 of the police act. reference was also made to the indian standards of code of conduct for the police human rights, international challenges, by dr. s. subramanian (page 262 ..... would be loath to return any finding on this aspect.173. for reasons discussed above, this court is constrained to hold that the respondent no. 3 acted irresponsibly and instead of diffusing tension, he added fuel to fire.174. the issue is answered accordingly.issue no. 4175. allegation against respondent no. 7 .....

Subhamoy Singha Roy Vs. Jadavpur University and ors.

Court : Kolkata

Reported in : (2008)2CALLT468(HC),2008(3)CHN507

..... arrive at the conclusion whether or not the delinquent has committed misconduct.17. while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or ..... consistency in word and action imparts certainty and honesty to human affairs. if a person makes a representation to another, on the faith of which the latter acts to his prejudice, the former cannot resile from the representation made by him. he must make it good. this principle can have no application to representations ..... and resolved on may 16, 2007 that apart from the punishment to be inflicted on the discredited authors of the theses, the three supervisors be debarred from acting as supervisor of any phd candidate under the university in future. one of the supervisors was reported to his employer calcutta university and the two other in .....