Skip to content


Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 section 17 commissioner of payments to be appointed Page 14 of about 155 results (0.321 seconds)

Apr 28 1999 (TRI)

income-tax Officer Vs. East Indian Coal Co. Ltd

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2000)73ITD230(Kol.)

..... , the interest of rs. 67,49,553 cannot be treated as income accrued to the assessee; there being diversion of income by overriding charge created by the statutes [both the coal mines (nationalisation) act, 1973 and the coking coal mines (nationalisation) act, 1972]. we, therefore, do not see any infirmity in the orders of the cit(a). the appeals filed by the revenue are, therefore, dismissed. ..... regard to the taxability of the interest payable by the government under the coal mines (nationalisation) acts. the facts giving rise to the dispute are as under.4. the assessee is a company incorporated under the u.k. companies act.it has coal mines in the state of bihar. the management of the coking coal mines was taken over by the central government on 17th october, 1971 and were .....

Tag this Judgment!

Oct 19 1984 (SC)

Central Coal Fields Ltd. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1985SC107; 1984(2)SCALE595; 1984(Supp)SCC720

..... . petitioner is a government company in which under section 5 of the coal mines (nationalisation act), 1973, act 26 of 1973, (nationalisation act' for short), the right, title and interest of the owner of the jagaldaga colliery came to vest following nationalisation. the district mining officer, palamu, raised a demand of dead rent as payable under the ..... dismissing the application.3. one s.k. datta was the owner of the coal mine in question. under the coal mines (taking over of management) ordinance; the management was taken over with effect from may 1, 1973. subsequently the nationalisation act came into force with retrospective effect from may 1, 1973. while under the ..... , and vested absolutely, in the central government free from all encumbrances. section 4(1) of the nationalisation act provided :where the rights of an owner under any mining lease granted... in relation to a coal mine, by a state government... vest in the central government under section 3, the central government shall, on .....

Tag this Judgment!

Aug 31 1990 (HC)

The National Textile Corporation (South Maharashtra) Ltd. Vs. Shramik ...

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!

Aug 26 1988 (HC)

Sree Jagadamba Coke Mfg. Enterprises and ors. Vs. Union of India (Uoi) ...

Court : Kolkata

Reported in : AIR1989Cal337

..... hereunder :(a) damagoria colliery was not even regarded by the authorities as containing coking coal and it was in fact not nationalised under the coking coal mines (nationalisation act, 1972). it was nationalised under the coal mines (nationalisation) act, 1973 which provided for nationalisation of non-coking coal mines.(b) premium fuels is the first coke oven plant in west bengal being established in ..... collieries situated in the state of bihar. most of these coke oven plants in bihar were established immediately after the nationalisation of the coal mines and during the period of 1973-74.(e) the coke oven plants in the state of bihar were never dependent upon the supply of ..... initiated by these collieries, and the industrial engineering co. therefore prayed for an order of mandamus directing the authorities to act fairly and equitably in the matter of distribution of coal. it however transpired that bccl and cil had entered into agreements with some of the coke oven plants by which such .....

Tag this Judgment!

Sep 12 2018 (SC)

Medical Council of India Vs. The State of Kerala

Court : Supreme Court of India

..... during the period of management of the mine by the custodian. after the appeal preferred by the coal fields was dismissed, coal mines nationalisation laws (amendment) ordinance, 1986 was promulgated and later on replaced by coal mines nationalisation laws (amendment) act, 1986 came into force. by section 4 of the amendment act, sub-section (2) was introduced in section 10 of the coking coal mines (nationalisation) act, 1972. the said provision declared that the ..... amounts specified in the fifth column of the first schedule against any coking coal mines or group of coking coal mine specified .....

Tag this Judgment!

Aug 01 2003 (HC)

Eastern Coalfields Ltd. Vs. State of Bihar and ors. Etc.

Court : Jharkhand

Reported in : 2003(51)BLJR1964; [2003(3)JCR524(Jhr)]

..... supreme court, this court has to decide the writ petitions on merits. 3. under section 3 of the coal mines nationalisation act. 1973 on and from the appointed day, the right, title and interest of the owners in relation to coal mines specified in the schedule to that act, stood transferred to and vested absolutely in the central government free from all encumbrances. in terms of section ..... . this was followed more or less by the takeover of the management of the coalmines and the nationalisation of coalmines by the coal mines (nationalisation) act with effect from 1.5.1973. until the nationalisation came into force, the leases of various mines had to pay royalty on the minerals removed by them or to pay dead rent in respect of his lease-hold, which ever was .....

Tag this Judgment!

Feb 12 1988 (SC)

Doypack Systems Pvt. Ltd. Vs. Union of India (Uoi) and ors

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!

Sep 20 1988 (HC)

Sayar Vs. Judge, Labour Court and ors.

Court : Rajasthan

Reported in : 1988(2)WLN305

..... of sub-sections (1) and (2) of section 9 and sub-section (1) of section 17 of the coking coal mines (nationalisation) act, 1972. there is no dispute that sub-section (1) of section 17 and sub-sections (1) and (2) of section 9 of that act correspond to subsection (1) of section 14 and subsections (1) and (3) of section 5 of the 1974 ..... the plain language of these provisions.9. the supreme court decision in bharat coking coal ltd. (supra) related to a dismissed workman of colliery which was nationalised and vested in the central government and thereafter in the bharat coking coal ltd. by virtue of the provisions contained in the coking coal mines (nationalisation) act, 1972. this change occurred during the pendency of an industrial dispute arising from .....

Tag this Judgment!

Sep 01 1982 (HC)

In Re: Ram Badan Choubey and anr.

Court : Kolkata

Reported in : 1982CriLJ1960

..... has held that although the composite lease is outside the scope of the definition of coal mine in section 2(b) of the coal mines (nationalisation) act 1973, in view of the express prohibition against carrying on coal mining operation by private operators in any form in section 3(3)(a) of the amendment act 1976 with effect from 29th april, 1976, it terminates the rights of composite lessees ..... supreme court in tara prasad singh's case : [1980]3scr1042 that such mine does not fall within the scope of definition of 'coal mine' in section 2(b) of the coal mines (nationalisation) act of 1973. but the extraction of coal even from such mine comes within the penal provision of section 30(2) of the said act.11. i have now to deal with the contention raised on behalf .....

Tag this Judgment!

Apr 12 2016 (HC)

Karnataka Power Corporation Limited Vs. Emta Coal Limited

Court : Karnataka

..... said letter, kpcl, also, requested the government of india to issue a 7 notification under section 3(3)(a)(iii)(4) of the coal mines (nationalisation)act, 1973, specifying the end-use as supply of coal exclusively to kpcl. a notification to that effect was published in the gazette on july 16, 2004 by the government of india.5. ..... years 1993 and 2011. the apex court considered the provisions of the coal mines (nationalisation) act, 1973, and found that 9 allotment of coal blocks to state governments or state public sector undertakings to mine coal for commercial use was not permissible. the apex court, also, found that coal could not be extracted through joint venture companies in order to be sold ..... to it. it is, further, pertinent to note that under section 3(3)(a)(iii) of the coal mines (nationalisation) act, 1973, kecml would not be entitled to an allotment of a coal mine, as it is not a company engaged in any of the activities specified in the said section. kecml did not have an end-use .....

Tag this Judgment!


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