Court : Supreme Court of India
..... by the colliery collar control order 2000 w.e.f. 01.01.2000.32. the preamble to the nationalisation act reads as follows: an act to provide for the acquisition and transfer of the right, title and ..... said order, which came to be continued under the essential commodities act. the coal controller controlled the quality and quantity as noticed in ashoka smokeless coal india (p) 31 ltd. and others22. considering its vital importance, it became the only mineral which was nationalized in terms of the coking coal mines nationalization act, 1972 and the coal mines nationalisation act 1973. the colliery control order 1945 was repealed and replaced .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN433
..... the coal mines (nationalisation) act to suggest that these supplies were for better administration and better yield from the coal mines and since the coal is being consumed by the public, there would be a public law element involved. we do not agree. in that way ..... the regular supply of proper material, that is the explosives in this case. now merely because the mines are nationalized under the coal mines (nationalisation) act, 1973 and that is how, they go under the management and ownership of coal india, there would be no question of any public law being involved or public good being involved. sri banerjee tried to rely on the preamble of .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR160; (1990)92BOMLR492; (1993)IIILLJ277Bom
..... appointed day. 18. sabyasachi mukarji j. (as he then was) held that the prohibition contained in sub-section (2) of the coal mines (nationalisation) act, 1973, which stated that the central government or the government company shall not be liable for any prior liabilities incurred by the owner, etc. would have ..... government company. 10. we do not see how this decision helps in the interpretation of section 3(7) of the present act. section 9(1) of the coking coal mines (nationalisation) act, 1972 provides generally for the enforcement of liabilities incurred prior to the appointed day against the owner and not against the central ..... and which termination was non est in law, the employees continued to be the employees of coal mills on the appointed day and their rights would be protected under section 14 of the coal mines (nationalisation) act, 1973. the nationalised undertaking in such circumstances cannot contend that the liability of reinstatement has been incurred prior to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)
..... narrower than the expression 'in relation to' used in section 3 of the coal-mines (nationalisation) act, 1973. when the coal-mines were nationalised, the sugar undertakings of swadeshi mining were not taken over since these constituted separate undertakings distinct from the coal-mines. he referred to entries 655, 656 and 657 of the schedule to the coal-mines (nationalisation) act, 1973.(4) dr. chitale submitted that the expression 'investment' may belong to a ..... so construed as to enable the government to indirectly acquire altogether different undertakings belonging to a different company.(2) swadeshi mining and manufacturing company limited had also coal-mines. when coal-mines (nationalisation) act, 1973 was passed with reference to sections 3 and 6 thereof, it were the coal-mines belonging to the said company along with the right, title and interest of the owners in relation to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3277; 2004(5)ALLMR(SC)65; 1(2004)BC173(SC); [2003]117CompCas123(SC); (2003)4CompLJ1(SC); 2003(4)CTC237; JT2003(Suppl1)SC515; 2003(7)SCALE491; (2003)7SCC532; [2003]
..... not less than 51% of the paid-up capital of each corresponding new company, as has been stated in the banking companies (acquisition & transfer of undertakings) act. nor is there any provision as in the coal mines nationalisation act, 1973 to the effect that 'no person, other than the central government or a government company or a corporation owned, managed, or controlled by the central ..... government company and that thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition & transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in the provisions of this enactment .....
Tag this Judgment!Court : Supreme Court of India
..... and that products thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in the provisions of this enactment ..... company other than a government company, there certainly would have been an indication to that effect in the act itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a different complexion to these .....
Tag this Judgment!Court : Delhi
..... company and that products thereby so distributed as best to subserve the common good. the argument that there is no specific provision in the act as contained the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are this enactment, as explained earlier. if disinvestment ..... company other than a government company, there certainly would have been an indication to that effect in the act itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a different complexion to these .....
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 .....
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 : Mumbai
Reported in : AIR1980Bom168
..... , guaranteed the payment of the amounts due under the hire purchase agreements. the 3rd defendant is the manager appointed under the coal mines (nationalisation) act, 1973. the 4th defendants-the coal india limited is incorporated under the coal mines (nationalisation) act, 1973, and its previous name was the coal mines authority limited.2. according to the plaintiffs, by three separate and identical hire purchase agreements in writing all dated 30th march ..... 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 said act').7. according to this defendant, at all material times, the suit vehicles were in .....
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