Court : Kolkata
Reported in : AIR1982Cal74,86CWN43
..... noticed. the article as amended by constitution (twentyfifth amendment) act, 1971, will, therefore, not be attracted.' in tara prasad singh v. union of india, : [1980]3scr1042 , the supreme court had to consider the constitutional validity of the coal mines (nationalisation) amendment act, 1976. in that connection, chandrachud c. j. speaking ..... for the court observed 'we are not concerned with the amendment introduced by the 44th amendment act which deleted the reference to article 31, since that amendment act came into force proapectively with effect ..... notice exercising option of purchasing the undertaking has been served upon the licensee before the comencement of the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) and the undertaking has been purchased thereafter the amount payable to the licensee on account of the purchase of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... thereunder by the central government from time to time. the quality as well as quantity of coal required by all consumers used to be regulated by the coal controller. coal was the only mineral which was subjected to nationalisation, in terms of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973. even coal-mining leases granted to the lessees stood terminated by reason of section 4-a of the ..... mines and minerals (regulation and development) act, 1957 in the year 1976. coal is used as a primary raw material in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1979)3SCC609; 1979(11)LC112(SC)
..... to whether a coke oven which is the subject matter of this case is a 'coke oven plant' as defined in section 3(b) of the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the act). there is also another question as to whether the plaintiff/respondent no. 1 has retained with himself the ownership of the coke oven by reserving its ownership ..... 1967. years later, under the act above referred to, coal mines were nationalised and there was a separate provision therein for nationalisation of coke oven plants. while the colliery was nationalised by the central government by inclusion in the schedule to the act, nothing was done under section 5 of the act to nationalise the coke oven plant. the plaintiff, upon nationalisation of the coal mine by the parliament, demanded rent from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2005(3)JCR147(SC)]; JT2005(11)SC43; (2005)11SCC293
..... the powers conferred by the sub-section (1) of section 5 of the coal mines (nationalization) act, 1973 (26 of 1973), the central government hereby directs that the right, title and interest of the owners in relation to all the coal mines referred to in section 3 of the said act, except the coal mines specified against serial numbers 45 to 219 (both inclusive) 227, 235, 237, 260 ..... , 265, 275, 441, 483 and 583 of the schedule to the said act, shall with effect from the 9th july, 1973, vest in the coal mines authority limited, calcutta, a government company incorporated under the companies act, 1956 (1 of 1956), and having its registered office at calcutta, in the state of west bengal.'5. a perusal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1978)4SCC299; 1978(10)LC529(SC)
..... for the total of the amount due to it in the cash credit account and the loan accounts. it was pleaded that under the coking coal mines (nationalisation) act, 1972, when all stocks, of coal, plant and machinery, etc. on which the bank had the first charge, stood transferred to and vested in the central government free from all ..... joint receivers. indeed, there has been a fair degree of contentious argument before us with reference to the various provisions of the coking coal mines (emergency provisions) act, 1971 and the coking coal a-fines (nationalisation) act, 1972. we do not think it necessary or advisable to express our view on any of these questions at this stage. in ..... acting on the plaint as it stands and without specifically finding that the moneys representing the realised book-debts could legitimately be claimed by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1994; 2001(49)BLJR1350; [2001(89)FLR552]; JT2001(4)SC327; 2001LabIC1397; (2001)ILLJ1400SC; 2001(2)SCALE626; (2001)4SCC55; [2001]2SCR553; 2001(2)SCT371(SC); (2001)2
..... the bhugatdih rise area colliery was taken over by the central government under the coking mines (emergency provisions) act, 1971 which came into effect on october 17, 1971. subsequently, the colliery stood nationalised with effect from may 1, 1972 under the provisions of the coking coal mines (nationalisation) act, 1972 (for short 'the nationalisation act'). 111 workmen who were working in these collieries were laid off by the management ..... successor-in-interest of the old business inasmuch as only the right, title and interest of the coking coal mines have been acquired by the government under the nationalisation act free from all encumbrances; that it is neither the liability of the owners of the said mines nor goodwill thereof has been acquired; that as long as both assets and liabilities have not been acquired .....
Tag this Judgment!Court : Patna
..... 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 : Supreme Court of India
Reported in : AIR1990SC1879a; 1989(2)LC560(SC)
..... was dismissed by this court by its order dated september 18, 1986 upholding the constitutional validity of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973 as amended by the coal mines nationalisation laws (amendment) act, 1978.5. it appears that after the disposal of the writ petition, this court passed the following order ..... . a writ petition being writ petition (civil) no. 404 of 1972 challenging the validity of the coking coal mines nationalisation act, 1972 etc. was filed in this court by the writ petitioners, raneegunj coal association and another. in that writ petition, on july 6, 1973 the following order was passed by this ..... 5, 1973 upto the date of payment to the commissioner of payment for coking coal mines. the said commissioner will make disbursement of the amount so received by him in accordance with the provisions of coking coal mines (nationalisation) act, 1972.6. by the said order dated september 24, 1987, this court directed .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom174
..... coal mines (nationalisation) act, 1973, against the rejection of the claim for interest.8. before the coal mines (nationalisation) act, 1973, came into force, the managements of all the coal mines were taken over by the central government under the coal mines (taking over of the management ) act 1973, with effect from the appointed day, viz, 31st jan 1973. the coal mines (nationalisation) act ..... of his proposition that the provisions of the coal mines (nationalisation)act, 1973, in respect of adjudication of claims against the nationalisation coal mine oust the jurisdication of the civil court. section 28 days own tat the provisions of the coal mines (nationalisation)act, 1973, shall have effect notwithstanding anything contained ..... the disbursement of the amount paid of the commissioner for payment to the owner under the above referred provisions of the coal mines (nationalisation) act. 1973. to that extent, the scheme is certainly a complete code in itself. but, as mentioned above, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1428; JT1987(1)SC599; 1987(1)SCALE481; (1987)2SCC124; [1987]2SCR484; 1987(1)LC729(SC)
..... coal mines were nationalised by the coking coal mines (nationalisation) act, 1972, (for short 'the act'). under this act, the mines vested in the government with effect from 1st may, 1972. the act contains a schedule showing the various mines which come under the nationalisation scheme. the mines involved in this appeal are shown as serial nos. 112 to 116 in the first schedule to the act ..... . the schedule, in addition shows, the location of the mines ..... such time, after the commencement of the coking and non-coking coal mines (nationalisation) amendment act, 1973, as the commissioner may fix.(3) the provisions of section .....
Tag this Judgment!