Court : Kolkata
Reported in : (2000)3CALLT492(HC)
..... the appellant had illegitimately received that amount, in excess of itts entitlement based on a particular rate of interest payable by the respondent under the coal mines (nationalisation) act 1973. this judgment, therefore, was an entirely different cause of action altogether and if the appellant even felt aggrieved of this judgment in any ..... that this court declared that the appellant was not entitled to receive interest @ 6% per annum because of a particular provision contained in the coal mines (nationalisation) act 1973. this judgment, specifically and explicitly decided a question of law against the appellant and by issuing a writ in the nature of mandamus commanded ..... which the appellant purportedly received from the respondent by way of alleged excess payment towards the interest entitlement @ 6%p.a. whereas as per the coal mines (nationalisation) act, 1973 such entitlement could not exceed at any rate more than @ 4 per cent per annum. this writ petition was allowed by a judgment of .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT60(HC),[1999(81)FLR52],(1999)ILLJ828Cal
..... case also, upon consideration of the provisions of sections 9 and 17 as also the provisions of the coking coal mines (nationalisation) act, as also provisions of section 4 of the payment of gratuity act. sandhawlla. c.j, speaking for the bench stated:'equally worthy of notice is the fact that the claim ..... industrial tribunal, would continue to be governed by the nationalisation act. in that case, the apex court was considering the provisions of sections 9 and 17 of the coking coal mines nationalisation act, which are in part materia with the provisions of the said act. the apex court held:'section 9 deals with the ..... corporation of india limited (acquisition and transfer of aluminium undertaking) act, 1984 (hereinafter referred to as the said act), whereby and whereunder the undertaking of the aluminium corporation of india limited (hereinafter called as aluminium corporation) was nationalised. the aforementioned nationalisation was made for giving effect to the policy decision as laid .....
Tag this Judgment!Court : Kolkata
Reported in : [2009(121)FLR1080],(2008)IIILLJ439Cal
..... 5/1999 by the central government industrial tribunal-cum-labour court, asansol.2. the petitioner is a government company within the meaning of companies act, 1956. by reason of enactment or coal mines (nationalization) act, 1973, the right, title and interest of the petitioner company, being a colliery, vested in the central government. according to the petitioner ..... relies upon the decision of western india automobile association v. the industrial tribunal, bombay and ors. 1949 ii llj 245 (sc) and mohan mahto v. central coal field ltd and ors. air 2008 sc 39 to submit that the dispute in between the employer and all workmen was covered by the term of workman under ..... before the respondent no. 3 mr. bandopadhyay submitted that the definition of workman as contained in sub-section (s) of section 2 of the industrial disputes act, 1947 would confer a right upon the respondent no. 1 to obtain appointment of his dependant son on compassionate ground. he also submitted that the workman could .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KCCR5(SN)
..... industries department [copy produced at annexure-r4 to the affidavit of the secretary dated 19-10-2006], addressed to the secretary to government of india, ministry of coals and mines, new delhi, it is obvious that the state government had rethinking about its own recommendations, as some of the recommendations were not in order. in the ..... the purpose of maintaining uniformity and according equal opportunity to all the applicants.55. the recommendation of the committee suggesting modification in the mining laws and changes brought about by act no 38 of 1999 for the purpose of ensuring that only valid applications filed in response to a notification under rule 59 are ..... upon the state government to exhibit due awareness of this fact and to take into consideration all the requisite aspects from the context of the conservation acts, protection acts and then to embark upon the issue of notification. it is also necessary on the part of the state government to weigh the competing interest of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
..... the public interest') and to the mines and minerals (regulation & development) act, 1956 which together empower parliament to levy taxes on mines and minerals which would be in the nature of a tax on property. referring to entry 49 of the union list (' ..... levy taxes on the use or occupation of properties located within areas declared as cantonments. he then referred to entry 54 of the union list ('regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in ..... of the constitutionality of an enactment, and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles'. in burrakur coal co. v. union of india : [1962]1scr44 , mudholkar, j., speaking for the constitution bench, observed : 'were the validity of a law made by a competent .....
Tag this Judgment!Court : Kerala
Reported in : 2006(4)KLT166
..... it has become necessary to strengthen the existing vigilance machinery in the state. government considered that the kerala public men's corruption (investigations and inquiries) act, 1987 in force in the state, was not sufficient to prevent, effectively, the corruption among public servants. government considered it necessary to widen the ambit ..... jurisdiction of the 1st respondent to initiate proceedings pursuant to ext.p1, which according to the petitioner, is not a complaint as provided in the act and rules, based on which the lok ayukta has initiated proceedings against the petitioner. questions of substantial public importance, regarding the jurisdiction of the ..... the director of ayurveda medical education, learned government pleader prays for time for filing proper statement of defence.in all proceedings under the kerala lok ayukta act, government is a necessary party. government has not been impleaded as such. now we are impleading the government represented by the chief secretary as .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj148; I(2001)DMC483; (2000)3GLR2429
..... under section 488/ 125 of cr. p.c. old and new cannot foreclose the wife's remedy under section 18(2) of the hindu adoption and maintenance act, 1956 and vice versa. these provisions do reflect the compassion of law for women and for their protection in conformity with the concept of reasonable classification against discrimination ..... means neglects or refuses to maintain her as contemplated under section 488/125 of old/new cr. p.c., under section 18 of the hindu adoption and maintenance act. 1956, a hindu wife is entitled to live separately from her husband without foregoing her claim for maintenance on grounds enumerated under section 18(2). such grounds include ..... special law. relevant portions of section 488 of old cr. p.c./section 125 of the new cr. p.c. and section 18 of the hindu adoption and maintenance act, 1956 and reproduced as under :the criminal procedure code (old) : 488. (1) if any person having sufficient means neglects or refuses to maintain his wife or his legitimate or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... it is essential that each must have for its consideration full and identical facts, which can at once constitute both the source and foundation of the final derision.(emphasis mine).558. similarly, krishna iyer, j. speaking for himself and one of us (fazal ali, j.) described the consultative process thus:the consultation, in order to ..... contents contained material which it would be damaging to the national interest to divulge but rather that the documents would be of clam which demand protection.(emphasis mine).453. the aforesaid observations of ray cj appear to be on all fours with the facts and circumstances of the present case because the documents consisting ..... conferred by the letters patent imposed by the constitutional practice of the colony. the privy council again in british coal corporation v. the king 1935 ac 500 after referring to its constitution under the act for the better administration of justice in his majesty's privy council and further referring to the provisions set out .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... of cloth and yarn which are vital to the needs of the country.279. one of us (dharmadhikari j.) while dealing with the scope of the textile undertakings (nationalisation) act, 1995, in the case of aurangabad textile mills v. state of maharashtra (writ petition no. 1100 of 1986), aurangabad bench, bombay high court, has observed as ..... the different variety of clothes and yarn so as to subserve the interest of general public. thereafter in the year 1995 the parliament passed the textile undertaking nationalisation act, 1995 wherein it is mentioned in its preamble that the investment of a very large sums of money is necessary for the purpose of securing optimum ..... of the mills, so that the workers continue to have their livelihood.230. mr. ganguli also emphasised that the national textile corporation was acting contrary to the objectives of 1995 nationalisation act.231. the learned counsel pointed out that none of the mill owners are providing accommodation of 225 sq.feet to all the occupants as .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... wlr 180 (hl) was referred to and followed in the correct perspective. he also referred to a judgment of the supreme court in the case of kuju collieries v. jharkhand mines ltd., : [1975]1scr703 , to contend that the contract would be void vis-a-vis the defendants. in para. 8 of the judgment, the supreme court observed as follows ( ..... reserve bank of india and the reserve bank of india alone that has to decide whether permission may or may not be granted under section 29(1) of the act. the act makes it its exclusive privilege and function. no other authority is vested with any power nor may it assume to itself the power to decide the question whether ..... hesitation to reject such a submission. this issue was directly there and was considered with respect to the interpretation of section 155 and was a case not under 1913 act but 1960 act; hence by no stretch of imagination it could be said that the said decision is per curiam.' 188. learned counsel appearing for the defendants tried to impress .....
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