Court : Kerala
..... ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the w.a. no. 250 of 2011 -:98. :- ultimate ..... few statutes passed by the provincial legislature in india during british days which regulated succession to the estates of certain princely families. the bijni succession act (act ii of 1931) passed by the assam legislature is an enactment of this type and it did shut out the rights of certain persons who ..... pleader shri t.t. muhamood respondent(s)/petitioners2& 3 and res. 5 & 6 in the : ------------------------------------------------------- 1. hotel leelaventure ltd. and3others registered under the companies act, 1956 having its regd. office at the leela sahar mumbai-400059 rep.by its executive director, mr. venu krishnan. wa.no. 250 of20112. mr. venukrishnan, .....
Tag this Judgment!Court : Chennai
..... mines and right in or over the land from which coal is obtainable. if the understanding of the state of kerala that in view of ..... proprietary rights of the state in the mineral wealth nor does it contain any provision divesting any owner of a mine of his proprietary rights. on the other hand, various enactments made by parliament such as the coking coal mines (nationalisation) act, 1972 and the coal bearing areas (acquisition and development) act, 1957 make express declarations under sections 4 and 7 respectively providing for acquisition of the .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR379; [2007(1)JCR271(Jhr)]
..... and the said land vested in bharat coking coal limited through the central government when coal mines (nationalisation) act, 1973 came in force. according to the petitioner the provision of coal mines (nationalisation) act is a legislation having over riding effect over the provision of general legislation. according to the definition of 'mine' as defined under section 2(h) of coal mines (nationalisation) act, 1973 all the mines vested in the central government free from ..... mauza bastacola and mauza bherakatta. the said babulal madhavjee was the owner of bastacola colliery which vested in the central government after coming into force of coal mines (nationalisation) act, 1973 and consequently, in m/s bharat coking coal limited free from all encumbrances. in the recent revisional survey, r.s. plot no. 9 was carved out from c.s. plot no. 122, which was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)415; AIR1997SC1599; 1997(1)BLJR569; JT1996(10)SC584; 1996(8)SCALE472; (1997)1SCC177; [1996]Supp8SCR886
..... of the wide definition of 'mine' given in this act.15. the coal mines (taking over of management) act, 1973 was followed by the coal mines (nationalisation) act, 1973. the extended definition of 'mine' that was given under the coal mines (taking over of management) act was retained in section 2(h) of the nationalisation act with some modification.16. the object of the nationalisation act was stated to be-an act to provide for the acquisition and ..... compensation also goes to show that apart from the owners named in the schedule, other persons may have to be compensated. sections 8 of the coal mines (nationalisation) act lays down that the 'owner of every coal mine or group of coal mines specified in the second column of the schedule shall be given by the central government, in cash and in the manner specified in chapter vi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1203; 2000(3)BLJR2006; [2000]101CompCas257(SC); JT2000(3)SC55; 2000(2)SCALE259; (2000)3SCC312
..... the land) was executed by the company on january 3, 1971 (ext. 8). the company executed the sale deed in their favour on march 20, 1972 (ext. 9).3. the coal mines (nationalisation) act, 1973 (for short 'the act of 1973') came into force on may 1, 1973 and from that date the right, title and interest of the owners in relation to the ..... property in question stood transferred to and vested in the central government free of all encumbrances, on the appointed day under the coal mines (nationalisation) act.5. it was observed that the result of the second point would depend on the decision of point no. 1.6. however, after remand, in view of the submission made ..... coal mines specified in the schedule appended to the act of 1973 (the said company is mentioned at serial no. 133 of the schedule) vested in the central government (they will hereinafter be referred to 'as the vested .....
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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3425; [2005(4)JCR1(SC)]; JT2005(8)SC77; (2005)7SCC492
..... makes it clear that before taking the action, an opinion of the advocate general of the state of bihar was sought by the respondent. referring to the provisions of coking coal mines (nationalisation) act, 1972, the advocate general opined that such amount could be claimed by the state government from the appellant-company. reference was made to sections 6 and 7 of the said ..... to the appellant- company the certificate proceedings could not have been initiated under the bihar & orissa public demands recovery act, 1914, in view of the provisions of coal bearing areas (acquisition and development) act, 1957, mines and minerals (regulation and development) act, 1957 and also the coking coal mines (nationalisation) act, 1972. but it also cannot be overlooked that the action has been taken under the bihar & orissa public .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2123; 1986LabIC1944; (1986)IILLJ139SC; 1986(1)SCALE1300; (1986)3SCC338; [1986]2SCR1044; 1986(2)LC293(SC)
..... 1973 and in that connection he employed the petitioner and 700 workmen. subodhchandra mondal was prevented from working the coal mine in view of the nationalisation of the coal mines under the provisions of the coal mines (nationalisation) act, 1973 (hereinafter referred to as the nationalisation act). after the closure of the coal mine the petitioner and 700 workmen were rendered unemployed and in spite of several representations to the government of west ..... the respondents to declare that natundihi pahariabera colliery has vested in the central government and in the alternative directing the union of india to take over the colliery under the coal mines (nationalisation) act, 1973 and treat the petitioner and other workmen as workmen of the central government and to work the colliery by employing the workmen and to pay them arrears of their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1531; JT1989(3)SC170; 1989(1)SCALE852; 1989Supp(1)SCC628; [1989]2SCR283; 1989(2)LC218(SC)
..... that the disputed land formed part of north bhuggatdih colliery which had vested in the central government and thereafter in the company under the provisions of the coal mines (nationalisation) act, 1973, secondly, that the interest claimed by the plaintiffs automatically stood extinguished with the vesting of the estate of the plaintiffs' lessor, by reason of ..... of the trial court is liable to be set aside.6. as to the nature of the suit property and the scope and effect of the coal mines (nationalisation) act, 1973, the high court on an appraisal of the oral and documentary evidence led by both the parties said:i would, therefore, prefer their positive ..... we, therefore, refrain from expressing any opinion on the first question. on the second question, the relevant provisions of the coal mines (nationalisation) act, 1973 (the act) may now be noted.section 2(h) defines 'mines' to mean any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3524; 2009(6)MhLj398
..... permissible to allot the shares to outsiders in the absence of resolution by general body. the terms of the memorandum of understanding violated the provisions of coal mines (nationalisation) act 1973 and the said understanding between the parties seeks to convert the public limited company into a private limited company. it is also contended that the ..... and shall vest absolutely in, the central government free from all incumbrances.[(2)] x x x][(3) on and from the commencement of section 3 of the coal mines (nationalisation) amendment act, 1976(a) no person, other than(i) the central government or a government company or a corporation owned managed or controlled by the central government or(ii ..... in para 7 of the application it is alleged that plaint does not disclose the cause of action and suit is hit by the provisions of companies act and coal mines act.8. now to my mind the appeal has to be allowed with simple four lines reasons, yet i would deal with each submission made on behalf .....
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