Court : Patna
..... fact from the preamble and other provisions in the act itself because this coal mines (taking over of management) act or its ordinance had been made as first step towards nationalisation of coal mines and in the month of may, 1973, coal mines (nationalisation) act came in force. now, whether after the coming into force of coal mines (nationalisation) act, also the coal mines (taking over of management) act remained in force or not is only the crux ..... to be decided in this appeal.11. by coal mines (taking over of management) act, only the management was taken over by .....
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..... interest of the plaintiff and his predecessor-in-interest over the suit property vested in the central government by operation of the coking coal mines (nationalisation) act, 1972, coal mines (nationalisation) act, 1973 and other corresponding acts? if so, whether the plaintiff has got any valid right, title and interest in such properly for a decree of the ..... learned seniorcounsel, on the other hand, contended that in view of the clear line of distinction in the definition of 'mine' as prescribed under section 2(h) of the coal mines (nationalisation) act and coking coal (nationalisation) act, the ratio laid down by the apex court in the case of madan lal agrawal (air 1997 sc 1599) (supra) ..... parties, it would be appropriate to have a brief survey of the effect and scope of the legislative intent of the coking coal mines (nationalisation) act, 1972, which is an act to provide for acquisition and transfer of the rights, title and interest of the owners of the coking collieries specified in the .....
Tag this Judgment!Court : Patna
..... a lawful purpose. their property is their own and it, vests in them. under section 5(1) of the coal mines (nationalisation) act, 26 of 1973, which applies in the instant case, the right, title and interest of a nationalised coal mine vest, by direction of the central government, in the government company. if the lands and buildings on which respondent ..... that executiveaction taken in this case by the state and its officers is destructive of the basicprinciple of the rule of law.' (underlining mine)59. in view of the specific provision in the act i.e. section 47 it cannot be said that state of jharkhand had taken over the tvnl without authority of law. hence ..... the essentiality and overwhelming nature ofsuch factors in identifying the real source of governing power, if need be,piercing the corporate veil of the entity concerned.' (underlining mine)30. reliance has also been placed on the decision of the supreme court in the case of kapila hingorani v. state of bihar : (2003)iiillj31sc and my .....
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..... counsel for the respondents. 3. the parliament enacted coking coal mines (emergency provisions) act, 1971 (hereinafter referred to as the emergency provisions act), which provided for taking over of the management of the coking coal mines by the central government from the appointed day i.e. october 17, 1971. thereafter coking coal mines (nationalisation act), 1972 (hereinafter referred to as the nationalisation act) was passed, whereby and whereunder on the appointed day ..... , i.e. may 1, 1972 the right, title and interest of the owners in relation to the coking coal mines specified in the first schedule stood transferred to and vested in the central government .....
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..... with effect from may 1, 1972, the date on which the coking coal mines were nationalized under the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the nationalisation act.). being aggrieved by the said award, the bharat coking coal limited (hereinafter referred to as the b.c.c.l.), which is ..... a government company in which the assets of the coking coal mines of bararee coke company have vested after nationalisation, filed ..... 27, 1971 the custodian appointed by the government took over the management of the coking coal mines bararee coke company. thereafter, the parliament enacted the nationalisation act in 1972 which provided for nationalisation of coking coal mines with effect from the appointed date may 1, 1972.7. as mentioned hereinabove, the .....
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..... its registered office at koyla bhavan, dhanbad and carries on the business of extraction of coal from coal mines located in the district of dhanbad. the colliery of katras chaitudih was a private coking coal company and after the coming up of the coal mines nationalization act, the same has been vested in the central government, w.e.f. 1.5.1972 ..... village budroochak and kumarjuri also comes below that aerial ropeway. an agreement by way of licence has been executed between the then owner of the chaitudih coal mines namely m/s. burrakar coking coal company ltd. and the defendant no. 1 company on 31.5.1959 for erecting trestles, etc. for the purpose of running of the ropeway. ..... a railway siding falls within the pathway of ropeway, defendants had to make an agreement with the owner of the mines. m/s. bccl has stepped into the shoes of the erstwhile owner after the nationalisation of the mines and as such the agreement, ext., is binding on m/s. bccl the plaintiff also. on this legal aspect .....
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..... their function which concerns statutory interpretaion.' 32a. the said reason was again applied while interpreting the provisions of the proviso appended to section 11a of the industrial disputes act by a full bench of this court in indian aluminium co. ltd. v. presiding officer, labour court, ranchi reported in (1990) 2 pat ljr 797 in ..... was before it, and you consider whether there is disclosed some unsatisfactory state of affairs which parliament can properly be supposed to have intended to remedy by the act.' 32. francis bennion in its statutory interpretation 1984 edition at page 633 stated thus: '301. the resolution in heydon's case. in heydon's case ..... significant to note that other kinds of lands which are not capable of being used for agricultural or horticultural purpose have specifically been retained in section 4 of the act, namely, orchard, kharhur or pasturage or forest land, hilly land, sandy land or land perennially submerged under water except that submerged in the bed of the .....
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..... a person professing the mussalman faith of any property for any purpose recognized by mussalman law as religious, pious or charitable.14. an enactment, namely the mussalman waqf validating act, 1913, (act no. vi/1913) was made to declare the rights of mussalman to make settlements of property by way of waqf in favour of their family, children and descendants ..... purpose recognized by the mussalman law as religious, pious, or charitable, but does not include any waqf, such as, described in section 3 of the mussalman waqf validating act, 1913 (act no. vi/1913) under which any benefit is for the time being claimable for himself by the person by whom the waqf was created or by any of his ..... upon by learned counsel for the petitioner, is concerned, no doubt it has been held therein that waqf alal-aulad is excluded from the scope of the waqf act 1954 act and its provisions are not applicable to waqf alal-aulad. but it may be noted in this regard that the said decision was given on 01.07.1974 after .....
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..... filed by the claimant and set aside the order passed by the assistant commissioner, payments, dhanbad, the appellate court mainly relied on the amended provisions of section 19 of the coal mines nationalisation act. the appellate court held that the claim of the appellant claimant could not have been rejected in view of the provisions of section 19(8) of the ..... against owner of the coalmines to prefer claim before the commissioner within stipulated period. section 23 of the coal mines (nationalisation) act 1973 gives power to the commissioner to allow or reject a particular claim. section 19 of the said act as stood prior to the amendment act, 1986 is worth to be quoted hereinbelow :-- 19. statement of accounts in respect of the period of management .....
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..... foreign exchange manipulators and for matters connected therewith or incidental thereto. the preamble to safema explains the purpose behind the enactment as follows:an act to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith or incidental thereto;whereas for ..... from the preamble, set out above, that safema is a special legislative device for curbing certain economic offences and dealing with the offenders who are acting against the interest of the national economy.5. in 1978 when all these writ petitions were filed, the petitions contained averments challenging the constitutional validity ..... .21. designedly very wide definition and import of 'illegally acquired property', 'every person', 'relative' and 'associate' have been given under the said act. such clear legislative mandate c'annot he whittled down by an interpretative process by this court nor can the width and amplitude of such provisions be .....
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