Court : Supreme Court of India
Reported in : AIR1995SC1170; JT1995(3)SC479; 1995(1)SCALE792; (1995)2SCC4; 1995Supp(2)SCC4; [1995]2SCR102
..... coke oven plant must be near about or in the vicinity of the coal mine. we may mention that coal mines and coke oven plant belonging to the company have not been nationalised under the coking coal mines (nationalisation) act, 1972 or the coal mines (nationalisation) act, 1973. it must, therefore, be held that the coke oven plant ..... at jamshedpur belonging to the company is a 'colliery' within the meaning of the central order.the high court further followed its earlier judgment in black diamond industries and ors. v. coal ..... the appeal herein, is primarily engaged in the manufacture of iron and steel/iron and steel materials. according to the company, it owns captive 'coking coal mines' - has also installed 'coke oven plants' within the factory premises - and as such such it comes within the definition of 'colliery' under the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1733; 1984(32)BLJR596; (1984)3CompLJ158(SC); 1984(2)SCALE299; (1984)4SCC429; [1985]1SCR618; 1985(17)LC49(SC)
..... coke oven plants. the ordinance was in due course replaced by a statute bearing the same title (hereinafter referred to as the 'management act'). then came the coking coal mines (nationalisation) act, 1971 ('nationalisation act' for short) which received presidential assent on august 17, 1982, but under section 1, sub-section (2) there of, the statute ..... was deemed to have come into force with effect from may 1, 1972. under section 3; sub-section (a) of the nationalisation act, may, 1, 1972 was ..... . in exercise of the powers conferred by clause (c) of sub-section 12) of section 34 of the nationalisation act, the central government have made a set of rules known as the coking coal mines (statement of account) rules, 1972. the rules prescribe the form in which the accounts are to be prepared .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(112)FLR196]; [2007(1)JCR129(SC)]; JT2007(1)SC6; (2007)IILLJ206SC; 2006(11)SCALE624
..... . appellant herein joined as a chief general manager. he was working in a coking coal mine which vested in the bharat coking coal limited pursuant to an appropriate notification issued by the central government either under section 7 of the coking coal mines (nationalisation) act, 1972 or section 5 of the coal mines (nationalisation) act, 1973. 3. a chargesheet was issued against him on the allegation of shortage of stock of ..... coal in lodna area of respondent no. 1. during pendency of the departmental proceeding, the appellant was allowed to retire. he applied .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR98b(Jhr)]
..... to the real question whether there was vesting of the land. admittedly new sudam din colliery was a coking coal mines, undisputedly this mines vested under the coking coal mines nationalisation act, 1972 on 1st day of may, 1972 the appointed date under section 4 of the aforesaid act. a serious argument was made by the learned counsel for the plaintiff-appellant that the suit land does not ..... . the learned counsel for the plaintiff relied on a decision reported in 1997(1)scc 177, that deals with coal mines nationalisation act 1973 where as the case in hand is with regard to coking coal mines, therefore the differences being in the definition of the mine in the two respective acts, so that decision is not helpful to the plaintiff. the direct decision in respect of coking .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC979; 1978(26)BLJR225; 1978LabIC709; (1978)IILLJ17SC; (1978)2SCC175; [1978]3SCR482; 1978(10)LC329(SC)
..... 1. the correct interpretation of section 9 of the coking coal mines nationalisation act, 1972, (for short, the act), read along with section 17 settles the fate of this appeal by special leave. we may start off by narrating a few admitted facts sufficient to bring out the legal ..... may be, of the government company in which the right, title and interest of such mine or plant have vested under this act, and shall hold office or service in the coking coal mine or coke oven plant, as the case may be, on the same terms and conditions and with the same rights to pension, gratuity ..... side we may also read section 17(1) :17(1) every person who is a workman within the meaning of the industrial disputes act, 1947, and has been, immediately before the appointed day, in the employment of a coking coal mine or coke oven plant, shall become on and from the appointed day, an employee of the central government, or, as the case .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR2014
..... a word of variable import. in that judgment the right, title and interest of the coke oven plant which is vested in the central government under the coking coal mines (nationalisation) act, 1972 was considered. in that case the appeal of the company, in which the right, title and interest of the owners of the plants were to ..... vesting in possession alone would take place; the ownership would not vest.23. considering some of these judgments it has been held in the case of bharat coking coal ltd. v. karam chand thapar & bros. 2002 (8) scale 388 that the term vest in common english acceptation would mean and imply conferment of ownership of ..... nomination the effect of the testamentary disposition itself. hence, any other disposition or nomination under any other law stands subject to the nomination made under the depositories act. section 9.11.7 further shows that the last of the nominations would prevail. this shows the revocable nature of the nomination much like a testamentary disposition. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR304(Jhr)]
..... royalty for the minerals fire-clay extracted in course of mining activities.2. the petitioner's case is that the central coal field limited is a government company and carrying on mining activities in the coal mines area having been nationalized under the cooking coal mines nationalization act, 1972 and coal mines nationalization act, 1973. the coal mines were acquired under the aforesaid act and all rights and obligations are governed by the said ..... act. it is contended that since no lease in respect of mineral .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... coal mining activity in the country due to coal mines (nationalization) act, 1973. w.c.l. receives lands for its activities by three modes i.e. by acquisition under coal bearing areas (acquisition and development) act, 1957 -- hereinafter referred to as coal bearing act, by acquisition under coal mines (nationalisation) act, 1973 -- hereinafter referred to as .nationalisation act.; by acquisition under land acquisition act ..... v. munic ipal council, birsinghpur pali; hon. apex court has held that due to effect of order under section 5 of coal mines (nationalisation) act (26 of 1973) , rights, title and interests of erstwhile owner of colliery which vested in central government on nationalization get vested ..... before us showing that the property tax constitutes an impediment in the achievement of the goals of the coal 'mines nationalisation act, the provisions of the m. p. act of 1973, under which special areas and special area development authorities are constituted afford an effective answer .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]
..... further case of the plaintiffs is that, the plaintiffs, however, preferred their claim before the commissioner of payment under the provisions of the coking coal mines (nationalisation) act, 1972 and their claim applications are still pending and they apprehend that there would be inordinate delay in the disposal of the numerous applications lodged ..... the principle of res-judicata and the suit of the plaintiff is also not maintainable under the provisions of the coking coal mines (emergency provisions) ordinance 1971 and the coking coal mines (nationalisation) act, 1972 and the civil court has no jurisdiction to adjudicate the present suit in view of the fact that the ..... judgment it has been submitted by the learned counsel for the plaintiffs that the learned court below has misconstrued the provisions of the coking coal mines (nationalisation) act, 1972 and has erred in dismissing the suit of the plaintiff. it has been submitted that civil court has jurisdiction to adjudicate the claims .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... interest, of the management of 214 coking coal mines and 12 coke oven plants, including the coal mines in question, pending nationalisation of such mines. the ordinance was replaced by the coking coal mines (emergency provisions) act, 1971. thereafter, parliament enacted the coking coal mines (nationalisation) act, 1972 to complete the process of nationalisation of the coking coal mines and coke oven plants. it was entitled as 'an act to provide for the acquisition and transfer of ..... a trust. it seems somewhat illogical that the equitable doctrine of resulting trust should be brought into play in the construction of the provisions of a legislation dealing with nationalisation like the coking coal mines (nationalisation) act, 1972. in barclays bank ltd. v. quistclose investments ltd., the house of lords dealt with a question as to rights of set off following the liquidation of a .....
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