Court : Kolkata
Reported in : AIR1983Cal253
..... therefore, void, illegal and of no effect and/or in any event stands automatically terminated by virtue of the provisions of section 3(3) of the coal mines (nationalisation) act. 1973. it has been further stated that the adjoining lands have been acquired for miniing and allied purposes by the respondent no. 3 under the relevant ..... the previous approval of the central government. moreover section 4(a) provides for premature termination of mining lease in respect of any mineral other than a minor mineral. moreover, the coal mines (nationalisation) act, 1973 which was amended in 1976 by act 57 of 1976. by the said amendment sub-section (3) was added to section 3 which ..... whereon such deposits are lying by virtue of the provisions of the bihar land reforms act still then in view of the coming into force of the coal mines (nationalisation) act, 1973 as amended in 1976 read with mines and minerals (regulation and development) act, 1957 the state of bihar is not legally competent to settle the right to .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN226
..... in his individual capacity and not on behalf of the colliery. on these facts, the property was declared to be out of the mischief of the coal mines (nationalisation) act.14. we have carefully considered the facts and circumstances of this case as well as the judgment and order of the appeal. we are of the ..... writ petition was finally heard and disposed of by the learned single judge.4. during the pendency of the said writ petition, challenge to the vires of coal mines nationalisation act failed in other proceedings upto the apex court level.5. the learned single judge by his lordship's judgment and order dated december 12, 2002 appearing ..... the successor-in-interest of thapar intrafor company of india ltd., filed the above writ petition inter alia challenging the vires of the coal mines (nationalisation) act, 1973 (hereinafter referred to as 'the act of 1973') as well as for a writ of mandamus commanding the respondents directing to hand over the plant and machinery mentioned in schedule .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]148ITR659(MP)
..... other hand, contended that the tribunal's order in no way disposes of the matter finally. it was contended that under section 26(5) of the coal mines nationalisation act, jurisdiction is conferred on the district court for apportionment of the compensation and it is only after the award of the district court that it could finally ..... income-tax (appeals), the tribunal held that the commissioner of claims has to make a reference to the district court under section 26(5) of the coal mines nationalisation act, 1973, and as the court has not yet made an award of apportionment of compensation between the assessee and the contractor, the fact whether the assessee ..... the income-tax officer ?'2. the facts as stated in the reference are that the assessee's three coal mines at barkuhi east, barkuhi west and ghorawari and hirdagarh were taken over by the government under the coal mines nationalisation act, 1973. a compensation of rs. 5,67,000 was determined payable by the commissioner of claims appointed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1879a; 1989(2)LC560(SC)
..... was dismissed by this court by its order dated september 18, 1986 upholding the constitutional validity of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973 as amended by the coal mines nationalisation laws (amendment) act, 1978.5. it appears that after the disposal of the writ petition, this court passed the following order ..... . a writ petition being writ petition (civil) no. 404 of 1972 challenging the validity of the coking coal mines nationalisation act, 1972 etc. was filed in this court by the writ petitioners, raneegunj coal association and another. in that writ petition, on july 6, 1973 the following order was passed by this ..... 5, 1973 upto the date of payment to the commissioner of payment for coking coal mines. the said commissioner will make disbursement of the amount so received by him in accordance with the provisions of coking coal mines (nationalisation) act, 1972.6. by the said order dated september 24, 1987, this court directed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal236
..... the central government. the act provided for payment to the owner of a coal mine the amounts specified in the schedule to ..... this case are union of india, coal india limited and the central coal fields limited. the respondent no. 3, khas karanpura collieries limited was the owner of a nationalised coal mine.2. by virtue of section 3 of the coal mines (nationalisation) act, 1973 the right, title and interest of the owners in relation to the coal mines specified in the schedule to the act stood transferred to and vested absolutely in .....
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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1170; JT1995(3)SC479; 1995(1)SCALE792; (1995)2SCC4; 1995Supp(2)SCC4; [1995]2SCR102
..... coke oven plant must be near about or in the vicinity of the coal mine. we may mention that coal mines and coke oven plant belonging to the company have not been nationalised under the coking coal mines (nationalisation) act, 1972 or the coal mines (nationalisation) act, 1973. it must, therefore, be held that the coke oven plant ..... at jamshedpur belonging to the company is a 'colliery' within the meaning of the central order.the high court further followed its earlier judgment in black diamond industries and ors. v. coal ..... the appeal herein, is primarily engaged in the manufacture of iron and steel/iron and steel materials. according to the company, it owns captive 'coking coal mines' - has also installed 'coke oven plants' within the factory premises - and as such such it comes within the definition of 'colliery' under the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1999(2)CTC306; JT1999(5)SC232; 2004(3)SCALE529; (1999)3SCC290
..... of property tax by the first respondent.6. the answer, in our view, is to be found in the plain language of sections 3, 5 and 11 of the coal mines (nationalisation) act, 1973 which we have reproduced above. under section 3, from the appointed date the right, title and interest of the erstwhile owner of the birsinghpur colliery in its property ..... 'buildings and lands owned by or vesting in (i) the union government.3. sections 3, 5 and 11 of the coal mines (nationalisation) act, 1973, so far as they are relevant to this appeal, read thus:3. acquisition of rights of owners in respect of coal mines.-(1) on the appointed day, the right, title and interest of the owners in relation to the ..... orders.p. bharucha, j.1. the appeal relates to the birsinghpur colliery. it was nationalised by reason of the coal mines (nationalisation) act, 1973 and by reason of a direction issued by the central government under section 5 thereof, it vested in the appellant. the first respondent sought to levy property .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal402
..... the merits of the case.26. for the reasons above and following the principles laid down in the decision in barakar coal company's case (supra) i hold that this act, viz., coal mines (nationalisation) act, 1973 neither directly nor by implication takes away the jurisdiction of the civil courts to entertain suits against the ex-owners ..... suit is not maintainable by virtue of the provisions of the coal mines (nationalisation) act, 1973 (hereinafter referred to as the said act),4. the only issue raised and settled at the trial was -- is the suit maintainable by reason of the provisions of the coal mines (nationalisation) act. 1973?5. no witness was called to depose at the ..... only two questions arose for determination in this case. firstly, whether after the promulgation of the coal mines (nationalisation) act, 1973, a suit would lie in a civil court for a claim which could be realised under the act, and secondly, if a claim had once been proceeded with before the commissioner whether the same .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)151CTR(Cal)680,[1998]233ITR139(Cal)
..... on loan from grindlays bank as deduction ?' 2. the assessee was a colliery owner whose right, title and interest in the mines had been acquired after the enactment of the coal mines (nationalisation) act, 1973. during the assessment years 1975-76, 1977-78 and 1978-79, the assessee-company incurred liabilities towards expenditure of interest ..... brought on record to show that there was any organisational change in the management after the nationalisation of the coal mines. the fund remained common even after the nationalisation of the coal mines. payments and receipts of boring as well as mining were intermingled in the bank as well as in the cash books. therefore, the common management ..... four per cent, per annum. it was also brought to the notice of the assessing officer that the assessee is not only carrying on the activities of coal mining but also indulged in boring, etc., and they all constitute one and the same business. therefore, whatever loan has been obtained, though for one line .....
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