Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: recent Year: 1979 Page 1 of about 18 results (0.770 seconds)

Colgate Palmolive India (P) Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : [1980]50CompCas456(Delhi); ILR1981Delhi249

..... all size of the undertaking is not too big, it may be in a position to control the market in any particular product. that is why chapter iv must concern itself with specific use of a product. to seek to find dominance in any product by applying classification rules would pervert the whole picture ..... where on a prima. facie view of the .matter the central government makes a reference under section 31(1) of the act. law does not require any hearing at this preliminary stage. another reason why it is not possible to hold that the commission has no jurisdiction to give a finding about the existence ..... and that it is thereforee presumed that the company is continuing its business in india. it is maintained that the order of reference dated 28-7-1973 was made on the basis of the then prevailing facts as known to the central government. mr. malik had also pointed cut that the central government ..... by its letter dated 23-3-73 informed the petitioner company that the continuance of this technical agreement cannot be allowed to be renewed beyond 31-12-1973 and that no remittance beyond that period would be permitted. the petitioner company in reply informed the reserve bank of india on 25-2-1974 that ..... government by pointing out that averment of 5 per cent royalty being paid by the company to its collaborators in england was fanctually non-existent since december, 1973 and the mention for that in the impugned order of reference of 28-3-1974 made the order bad in law. (51) now the position .....

V.C. Shukla Vs. State Through C.B.i.

Court : Supreme Court of India

Reported in : AIR1980SC962; 1980CriLJ690; 1980Supp(1)SCC92; [1980]2SCR380

..... to focus attention on the central issue avoiding the unnecessary side issues. a preliminary objection was raised on behalf of the respondent urging that in view of the provision contained in section 11 (1) of the special courts act, 1979 (act for short), the present appeal which is directed against an order framing charge ..... at the stage of s. 238. indisputably, therefore, it is an order made in the course of proceeding conducted according to procedure prescribed in chapter xix. without anything more it would be an interlocutory order. the contention is that framing of a charge is a matter of moment and of ..... it is necessary to keep in view the procedure prescribed for trial of warrant cases instituted on a police report as contained in part a of chapter xix of the code. sec. 238 provides that when in a warrant case instituted on a police report, the accused appears or is brought ..... any previous stage of the case, the magistrate is opinion that there is ground for presuming that the accused has committed an offence tribal under this chapter. which such magistrate is competent to try, and which, in his opinion could be adequately punished by him he shall frame in writing a ..... 1973, hereinafter referred to as the code, which bear on it. section 9 of the act provides that a special court shall, in the trial of cases falling within its jurisdiction, follow the procedure prescribed by the code for the trial of warrant cases before a magistrate. that procedure has been prescribed in chapter .....

Baroda Rayon Corpo. Ltd. Vs. Hanumansingh Jagnarayansingh

Court : Gujarat

Reported in : (1980)21GLR633

..... manner of payment of bonus etc. indicate that the enquiry into a disputed claim of bonus under the scheme would necessarily be incidental to the main determination. the coal mines provident fund and bonus schemes act, 1948 did not certain at the relevant time any provision relating to exemption such as the one we have in sections 16 and 36 of the bonus ..... be transferred to the presiding officer, labour csurt, surat upon the establishment of the said court. the labour court tried the aforesaid preliminary objection raised on behalf of the petitioner as a preliminary issue. at the hearing of the said preliminary issue, written argumentswere submitted on behalf of the petitioner on october 18, 1977. upon aperusal of the written arguments, it appears that ..... purpose of considering the applicability of section 10. on this question, however, there is an authoritative pronouncement in workmen h.m.t. v. presiding officer n.t. cal a.i.r. 1973 supreme court, 2300. it was there held that though section 10 has not been made subject to section 16, the two provisions will have to be read harmoniously so as ..... award or settlement on which the workman's right rests.proceeding further it was pointed out that the claims not based on settlements, awards or made under the provisions of chapter va, may also be competent under section 33c(2) and that may illustrate its wider scope. therefore, the scope of section 33c(2) is wider than section 33c .....

Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

Court : Mumbai

Reported in : AIR1980Bom168

..... buka-buka colliery. thereafter, by the coal mines (taking over of management) act, 1973 (no. 15 of 1973). the management of the coal mines was taken over and vested in the central government with effect from 31st january 1973. again, by the coal mines (nationalisation) act, 1973 (no. 26 of 1973), the coal mines including the coal mines of defendant no. 1 were nationalised from 1st may 1973. this defendant refers to several provisions of the coal mines (nationalisation) act, 1973, (hereinafter referred to as 'the ..... . on the other hand, mr. joshi contended that having regard to the preamble of the said act and the heading of chapter ii and the provisions of section 3(1), what can be acquired is the right, title and interest of the owners in relation to the coal mines specified in the schedule and not right, title and interest of every one. according to him ..... exempt the owner from any liability.'45. the material section under the said act is section 3(1) in chapter ii under the banner 'acquisition of the rights of owners of coal mines' and it reads:--'3. (1) on the appointed day the right, title and interest of the owners in relation to the coal mines specified in the schedule shall stand transferred to, and shall vest absolutely .....

Sakthi Sugars Limited Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : 1980CENCUS505D; 1983(12)ELT484(Mad)

..... in paragraph 48 of their judgment that clearly there was no definite commitment on the part of smt. grewal who represented the government in the preliminary correspondence which was followed by a meeting on 16-10-1968 between shri khaitan representing the company and smt. grewal representing the government. the learned ..... has been originally given had been mentioned by the petitioners in w.p. nos. 4513 of 1978, 978, 1685 and 2483 of 1979 as 31-1-1973, 1-1-1974, 8-11-1974 and 11-11-1974 respectively. the dates of show cause notices have been mentioned in these four writ petitions as 16-5 ..... had no application at all to cases of adjustment under the 'self-removal procedure' prescribed in chapter vii-a of the rules. this submission is without substance since rule 173-j occurring in chapter viii-a expressly states that the provisions of rules 10 and 11 shall apply to the assessee as ..... of dixon, j. in the australian case of grundt v. great boulder pty gold mines ltd. (1938) 59 cir 641.'...it is often said simply that the party asserting the estoppel must have been induced to act to his detriment. although substantially such a statement is correct and leads to no misunderstanding, ..... 1973 which reads :'in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules 1944, the central government hereby exempts sugar, described in column (2) of the table below and falling under sub-item (1) of item no. 1 of the first schedule to the central excises and salt act 1944 (1 .....

Kamleshkumar Rajanikant Mehta Vs. Presiding Officer, Central Governmen ...

Court : Mumbai

Reported in : [1979(39)FLR329]; (1980)ILLJ336Bom; 1979MhLJ874

..... the part of the workman but the concept that the termination of the surplus workers' service is due to reasons such as economy, nationalisation in industry, installation or improvement of new labour-saving machinery or device, standardisation or improvement of plant or technique and the like. it ..... . the petitioner requested the bank to reinstate him and to confirm him in the bank's service with retrospective effect from 25th october, 1973. no reply was vouchsafed by the bank to that letter. 6. being aggrieved by the termination order, the petitioner raised an industrial dispute ..... under s. 2a of the industrial disputes act before the conciliation authority. nothing came of the same, except a failure report. two references were summarily rejected by the tribunal for technical reasons on preliminary objections taken up by the bank. thereafter, the petitioner once ..... petitioner challenges the impugned award dated 12th october, 1978 passed by the 1st respondent, namely, the presiding officer, central government industrial tribunal no. 1, in so far as it does not order the re-employment of the petitioner in the service of the 2nd respondent-bank, and seeks ..... result would be utter chaos where industry and business would grind to a halt. 21. chapter vb contains special provisions relating to lay-off, retrenchment and closure in certain establishments. this is a special chapter, the provisions whereof come into force when a certain contingency arises, namely, lay-off, .....

The State of Rajasthan and anr. Vs. Maharaja Rao Bhim Singh and anr.

Court : Rajasthan

Reported in : AIR1980Raj27

..... of bank nationalisation act was challenged.14. so far as the present case is concerned, the two terms compensation and interest are separately used in the rajasthan land acquisition act. whereas compensation and the mode of compensation and consideration for adjudication of compensation is provided in chapters 2 ..... as held in bank nationalisation case (air 1970 sc 564, r. c. cooper v. union of india).10. mr. meherishi, learned counsel for the respondents on the contrary raised a serious preliminary objection, it was argued that under s. 18 of the act a reference can be ..... officer never becomes functus officio as alleged by mr. rastogi because the question of grant of interest under section 34 of the act is statutory duty to be performed by the land acquisition officer, as and when situation arises. the submission is that question of ..... made only in relation to four matters enumerated therein. these four matters are (1) measurement of land, (2) the amount of compensation, (3 ..... 1. the state of rajasthan us well as the superintending engineer, r. p. s. jawahar sagar dams, chambal project, rawatbhata have filed this revision application under section 115 c. p. c. and section 18(3) of the land aquisition act, against the order dated 22-7-76 passed by the land acquisition officer, chambal project kota in case no. 20493/1973 .....

Ashirbad Behera Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1980Ori79; 48(1979)CLT333

..... items.the state government has framed the orissa municipal rules, 1953, in purported exercise of powers vested under clauses (i) and (ii) of sub-section (2) of section 387 of the act. chapter-i thereof makes provision for 'rules of business'. rule 4 requires that a councillor desirous of moving a motion has to ..... or by the chairman. ..........thus rule 43 is an express negation of secret voting. it is submitted that rule43 is mandatory.........'reference was made to chapter-i of the municipal rules dealing with 'rules of business' and reliance was placed on rule 23 of the orissa municipal rules, where it has ..... standi to maintain the application under article 226 of the constitution for the relief of certiorari this objection too must be overruled.now that the preliminary objections have been rejected, we proceed to deal with the merit of the matter.11. the principal question for consideration is whether the resolution was ..... executive officer in his note which has been placed before us had clearly indicated that delegation of this type was the prevailing practice. on 27-8-1973, the municipal council had made a similar delegation in favour of the previous chairman, there, the following power had been delegated:-- 'incurring expenditure up ..... not, the voting had to be done by show of hands. he has placed reliance on a chancery decision in the case of in re horbury bridge coal, iron and wagon co., (1879) 11 ch d 109 and a passage from halsbury's laws of england, vol. 9 (4th edition), note .....

Management of Pudukottah Textile Limited Vs. A. Ganapathi, Etc., Etc.

Court : Chennai

Reported in : (1979)IILLJ343Mad

..... rameswar : (1968)illj6sc , the supreme court, in dealing with the scope of section 33c(2) relating to the claim of bonus under coal mines provident fund and bonus scheme act, 1948, by referring to the earlier decisions, made out 8 propostitions that can be deduced from the earlier decisions. here again it has been ..... of being computed in terms of money if section 25fff is applicable to the facts of the case.... the labour court had jurisdiction to make a preliminary enquiry as to whether there had been a closure of the business on the basis of notice of closure issued by the appellant and the text ..... the labout court, they would also show that the workmen knowing their rights have voluntarily relinquished their entitlement to claim compensation under chapter v-a of the act. the deposition of ww.1 to the effect is relied upon to claim that even though those letters have not been marked, the fact that workmen have ..... that would be binding on all workmen.16. the decision rendered by the patna high court in workmen, indian cable ltd. v. indian cable ltd. (1973) l.i.c. 208, is again another matter wherein a settlement was arrived at, on the suggestion made by the supreme court, and it went into the ..... workers' union v. dhanalakshmi mills, etc. : (1960)iillj556mad .(2) workmen, indian cable ltd. v. indian cable ltd.(1973) l.i.c. 208.(3) herbertsons ltd. v. workmen (1977) l.i.c. 162, a.i.r. 1977 s.c. 322.15. the earliest of the decisions relied upon by him dealt with the case of a settlement .....

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... scheme may be called the new india assurance company limited (merger) scheme, 1973.(2) it shall come into force on the 1st day of january, 1974. 2. definitions : (i) in this scheme, unless the context otherwise requires, (a) 'act' means the general insurance business (nationalisation) act, 1972 (57 of 1972) (b) 'merged company' means a company specified in the first schedule;(c) 'schedule' ..... as they have already appeared in a similar test.9. mr. somenath chatterjee appearing in support of this rule has made the following submissions. in respect of the first preliminary point, i.e., whether the respondent-company is such as authority against whom the writ lies mr. chatterjee has made the following submissions. he has drawn my attention to the ..... with both.section 31. every officer or other employee of the corporation or of an acquiring company shall be deemed to be a public servant for the purpose of chapter ix of the indian penal code.section 32. every officer of the central government and every officer or other employee of the corporation and of any acquiring company shall ..... it cannot be, because with increasing assumption of new tasks growing complexities of managements and administration and the necessity of continuing adjustment in relations between* the corporation and government coaling for flexibility, adaptability and innovative skills it is not possible to make an exhaustive enumeration of the tests which would invariably and in all cases provide an unfailing answer .....