Court : Supreme Court of India
Reported in : AIR1992SC1495; (1992)104CTR(SC)129; JT1992(3)SC1; 1992(1)SCALE890
..... to it can be very profitably made. that case was concerned with the english coal industry nationalisation act, 1946, which nationalised the collieries and divested all owners of them and the business concerning them. under this act and the coal industry (no.2) act, 1949, the assessee company became entitled to compensation for the assets transferred to the ..... commissioner of income-tax v. shaw wallace & co. ilr (1932) cal 1343 wherein it was observed:income, their lordships think, in the indian income-tax act, connotes a periodical monetary return 'coming in' with some sort of regularity, or expected regularity from definite sources. the source is not necessarily one which is ..... is provided. according to him payment was originally made under huzur order which was abolished consequent to the merger of kolhapur state. section 4 of the act makes it very clear that all alienations shall be deemed to have been abolished. the said section contains a non obstante clause. however, where any .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753
..... had executed a sale deed in respect of property (bungalow and lands) owned by company on 20.3.1972. the coal mines (nationalisation) act, 1973 vesting in the central government right, title and interest of owners of coal mines specified in schedule, came into force on 1.5.1973. admittedly the appellant purchasers of property were the wives of the ..... its members. there is no change in the ownership in real sense.27. here we may refer to the case of subhra mukherjee and anr. v. bharat coking coal ltd. and ors. : air2000sc1203 . in that case, their lordships considered the doctrine of lifting of corporate veil. there was allegation of sham and collusive transaction by the ..... section only provides an expeditious way of recovery of bank loans/dues but no where states that such dues will be first charge on property under central act. both acts were enacted by competent legislations for different purposes and there is no conflict between the two. it is also held that the bank's right to recover .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1945; 2001(4)ALT60(SC); [2001(90)FLR182]; 2001LabIC1350; (2001)ILLJ1407SC; 2001(3)SCALE14; (2001)4SCC236; [2001]2SCR847; 2001(2)SCT411(SC)
..... award made by the tribunal. hence this appeal by special leave.5. the contention put forth before us is that under section 14 of the coal mines nationalisation act, 1973 [hereinafter referred to as 'the act'] a workman who was in the employment on the appointed date, namely, 1.5.1973 alone is entitled to be protected in employment. on ..... section 7 of the act) granted immunity to the government against any award and it has to be read along ..... the year 1987.6. in the workmen vs . the bharat coking coal ltd. & ors. : (1978)iillj17sc , this court examined the scope and effect of the provisions of section 9 and 17 of the coking coal mines nationalisation act, 1972, which are identical to sections 7 and 14 of the act in all respects. this court held that section 9 (similar to .....
Tag this Judgment!Court : Jharkhand
Reported in : 2003(3)BLJR1892; [2003(3)JCR560(Jhr)]
..... allegedly payable by the company under section 9 of the mines and minerals (regulations and development) act, 1957 (hereinafter referred to as the development act). admittedly, the petitioner company is extracting minerals from the mines made over to it by an order under section 5 of the coal mines (nationalisation) act on the vesting of the right of the mine owners on the union government under section 3 of ..... the nationalisation act. admittedly, there is liability in the petitioner to pay royalty. the dispute is about the extent of that liability. more specifically, the dispute is whether royalty has to be paid .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR133(Jhr)]
..... 3095 of 1999. the learned single judge referred to the decision of the supreme court in bharat coking coal limited v. madan lal agarwal, (1997)] scc 177 and the definition of mines under section 2(h) of the coal mines nationalisation act. he did not properly advert to the effect of the finding rendered by the appellate authority in paragraph ..... 1989 sc 1530, the land in question comes within the definition of mine in sections 2(h)(iv) and 2(h)(vi)of the coal mines nationalisation act. thus, it is clear that the land in question is a part of a mine or is a mine in terms of nationalisation act. on the basis of that conclusion, it has necessarily to be ..... be said to be vested in the central government under the vesting act. holding that the land involved did not come under the purview of the premises act in spite of the extended definition of coal mine as defined under section 2(h) of the coal mines nationalisation act and since there was a substantive question of title involved, the proceeding .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1629; 1989(1)SCALE1303; (1989)3SCC115; [1989]3SCR257; 1989(2)LC325(SC)
..... 's case by relying upon the decision in tar a prasad singh v. union of india and ors. : [1980]3scr1042 . that seven-judge bench was dealing with the coal mines nationalisation (amendment) act of 1976. the court referred to the two previous decisions in ajit singh v. state of punjab : [1967]2scr143 and madan mohan pathak v. union of india (supra), ..... class of leases and sub-leases, all other leases and sub-leases shall stand terminated in so far as they relate to the winning or mining of coal there is no provision in the act by which the interest so terminated is vested in the state ; nor does such vesting flow as a necessary consequence of any of the provisions ..... of the act. sub-section (4) of section 4 of the act provides that where a mining lease stands terminated under sub-section (3), it shall be lawful for .....
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
Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406
..... day i.e., january 31, 1973. the ordinance was replaced by the coal mines (taking over of management) act, 1973, hereinafter referred to as the 'management act'. thereafter, parliament enacted the coal mines (nationalisation) act, 1973, hereinafter referred to as the 'nationalisation act', providing for the acquisition and transfer of the rights, title and interest of ..... the high court is, accordingly modified by directing the appointment of a commissioner of payments under sub-section (1) of section 17 of the coal mines (nationalisation) act, 1973, who shall proceed to adjudicate upon the disputes between the parties, with advertence to the observations made above.52. in accordance with our ..... , 1973, the central government took over possession of the technical director's bungalow and the guest house.7. on may 30, 1973 the coal mines (nationalisation) act, 1973 was enacted and came into force with retrospective effect from may 1, 1973. on august 30, 1973 the management filed another petition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2031; (1980)3SCC412; [1980]3SCR586; 1980(12)LC691(SC)
..... we prepared to accept the naive case that the petitioners' employers can be regarded as deemed custodians under section 5. we may read section 5 of the coal mines nationalisation act, 1973.5. power of central government to direct vesting of rights in a government company :-(1) notwithstanding anything contained in sections 3 and 4, the ..... after a prohibitory legislation and an order by this court repelling the challenges to the vires of that act. parliament by the coal mines (nationalisation) amendment act, 1976 (act no. 1xvii of 1976) (for short, the 1976 act) totally prohibited all mining of coal save by instrumentalities, set out in section 3, sub-section(3) which we may excerpt here :( ..... 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 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR331(Jhr)]
..... affected people. mr. mukherjee submitted that the coal mines (nationalisation) act, 1973 was duly amended so as to permit the mining of coal for generation of power amongst other objects. the allotment of captive mine in the pachwara central block to m/s. panem coal mines limited had been done strictly in accordance with ..... submissions, submitted that with the amendment of the coalmines (nationalisation) act, 1973 by the coalmines (nationalisation) amendment act, 1993 the central govt. had acquired a right to exploit coalmines for power generation amongst other objects. mr. ghosh submitted that under the 1973 act, coal mining was exclusively reserved for public sectors, but considering the ..... notification dated 9.6.1993. mr. ghosh submitted that in keeping with the provisions of the coalmines (nationalisation) act, the ministry of coal, government of india, allotted captive coal mines in pachwara, central block, to m/s. panem coalmines private limited and had also issued a gazette .....
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