Skip to content


Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 preamble 1 coal mines nationalisation act 1973 Page 3 of about 10,848 results (0.261 seconds)

Jul 11 1997 (SC)

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... as expounded generally by all socialist writers. socialism is, first of all, a protest against the material and cultural poverty inflicted by capitalism on the mass of the people. nationalisation of coal mine for distribution was upheld as a step towards socialism. in state of tamil nadu etc. etc. vs. l. abu kavur bai & ors. etc. [(1984) 1 ..... place, the minerals deposits may be situated in tribal area. in the light of the language used in section 3 of the regulation and section 11(5) of mining act, we have examined the question taking aid of the source thereof, i.e., para 5(2)(a) and (b) of the fifth schedule and interpreted the word ..... schedule, to regulate the allotment of the government land in the scheduled areas. obviously, therefore, the state legislature of andhra pradesh has now imposed total prohibition under mines act to transfer its lands to the non-tribals. doubtless that under article 298, the state exercises its 46 power of disposal for public purpose. when two competing public .....

Tag this Judgment!

Feb 10 1970 (SC)

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... corporations act, 1949. it is explicable that where the government acquires undertakings of industries, the matters of policy involving public interest ..... state agricultural credit corporations act, 1968. there are english statutes which contain similar provisions of exercise of power or directions by the government in regard to the affairs of the undertakings covered by the statutes. these are the bank of england act, 1946, cotton (centralised buying) act, 1947, coal industry nationalisation act, 1946, civil aviation act, 1946, electricity act, 1947, gas act, 1948, iron and steel act, 1949 and air .....

Tag this Judgment!

Jan 10 2001 (SC)

Union of India Vs. Elphinstone Spinning and Weaving Co. Ltd. and ors. ...

Court : Supreme Court of India

Reported in : AIR2001SC724; JT2001(1)SC536; 2001(1)SCALE157; (2001)4SCC139; [2001]1SCR221; 2001(1)LC496(SC)

..... : [1983]1scr1000, the constitution bench speaking through chinnappa reddy, j., had observed, in the context of interpretation of the provisions of coking coal mines (nationalisation) act, 1972 that the court is not concerned with the statements made in the affidavits filed by the parties to justify and sustain the legislation. the ..... what the legislature has itself said. in the facts of that case the court had held that 'we do not entertain the slightest doubt that the nationalisation of the coking coal mines and the specified coke oven plants for the above purpose was towards securing that 'the ownership and control of the material resources of the community are ..... court was construing a notification issued under section 4(1) of the said act and as in the present case the preamble of that act was to the effect 'an act to establish in the economic interest of india greater public control over the coal mining industry and its development by providing for the acquisition by the state of .....

Tag this Judgment!

Feb 04 2000 (HC)

Bharat Coking Coal Ltd. Vs. Smt. Maina Devi and ors.

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!

Oct 31 1983 (SC)

State of Tamil Nadu and ors. Vs. L. Abu Kavur Bai and ors.

Court : Supreme Court of India

Reported in : AIR1984SC326; 1983(2)SCALE541; (1984)1SCC515; [1984]1SCR725; 1984(16)LC1(SC)

..... coke manufacturing co's case (supra) where one of us (reddy, j.) made the following observations :'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and control of the material resources of the community are so distributed as ..... as to the nature and character of material resources.83. summarising the arguments relating to compensation and the prejudice caused to the operators, and the nationalisation policy contained in the act, the position seems to be as follows :84. in the first place, as indicated above, once article 31c applies, the net of ..... shall by force of such vesting be freed and discharged from any trust, obligation and encumbrances, etc. in other words, the intention of the act was that while nationalising the state transport services the state should not encumber itself with the liabilities that may have been incurred by the bus operators prior to the .....

Tag this Judgment!

Jan 05 2009 (HC)

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

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!

Feb 21 2006 (HC)

Coal India Ltd Vs. Indian Explosive Ltd. and ors.

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!

May 09 1980 (SC)

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... the amended article 31c. the case of the union of india is and tiiat is supported by the legislative declaration contained in section 39 of the nationalisation act, that this act was enacted for giving effect to the policy of the state towards securing the principles specified in clause (b) of article 39 of the constitution. ..... managed in a manner highly detrimental to public interest.10. by these petitions, the petitioners challenge the constitutional validity of certain provisions of the sick textile undertakings (nationalisation) act and of the order dated october 19, 1971. we are not concerned with the merits of that challenge at this stage. the petitioners further challenge the ..... the chief justice and the other three learned judges or if i was not inclined so to agree, then persuade them to change their view and agree with mine. that is the essence of judicial collectivism. it is, to my mind, essential that a judgment of a court should be the result of collective deliberation .....

Tag this Judgment!

May 02 1952 (SC)

The State of Bihar Vs. Maharajadhiraja Sir Kameshwar Singh of Darbhang ...

Court : Supreme Court of India

Reported in : [1952]1SCR889

..... definition has been given in section (2) sub-clause (m) to the expression 'mines in operation' as meaning mines regarding the working of which notice has been served on government under the indian mines act. section 10 keeps alive subsisting lease of mines and minerals, the lessee being deemed to be a lessee under the government. buildings and ..... a scheme for non-payment of compensation by shift and contrivance. reference was made to certain provisions of the act of a confiscatory nature, already noticed in this judgment. section 9 was mentioned under which mines in the course of development and fetching no income yet vest in the state without payment of compensation. ..... determined is to be added a moiety of the accumulated arrears of rent etc. and the compensation for the mines and minerals as determined under section 25. ex facie, it cannot be disputed that the act does prescribe some principles for determining the compensation payable to the proprietor or tenure-holder. it is, however, .....

Tag this Judgment!

Nov 24 1995 (SC)

Rashtriya Mill Mazdoor Sangh Vs. National Textile Corporation (South M ...

Court : Supreme Court of India

Reported in : AIR1996SC710; JT1995(9)SC186; (1996)ILLJ787SC; 1995(6)SCALE609; (1996)1SCC313; [1995]Supp5SCR641; 1996(1)LC456(SC)

..... other amounts due to the employee in relation to the pre-take over management period. these provisions are similar to those contained in section 21 of the sick textile undertakings (nationalisation) act, 1974. in m. asghar v. union of india : (1987)illj440sc , the said provisions giving lower priority to the amounts due to the employees in relation to ..... the period prior to the taking over of the management of the textile undertaking are not taken over by the ntc is also borne out by the textile undertakings (nationalisation) ordinance, no. 6 of 1995 promulgated by the president on june 27, 1995. the said ordinance provides for the acquisition and transfer of the textile undertakings specified ..... or restrict the scope of the enactment and only where the object or meaning of an enactment is not clear that preamble may be resorted to explain it. see burrakur coal co. ltd. v. union of india : [1962]1scr44 and motipur zamindary co. (p) ltd. v. the state of bihar [1962] supp. 1 scr 498 . here we .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //