Court : Mumbai
Reported in : AIR1984Bom174
..... coal mines (nationalisation) act, 1973, against the rejection of the claim for interest.8. before the coal mines (nationalisation) act, 1973, came into force, the managements of all the coal mines were taken over by the central government under the coal mines (taking over of the management ) act 1973, with effect from the appointed day, viz, 31st jan 1973. the coal mines (nationalisation) act ..... of his proposition that the provisions of the coal mines (nationalisation)act, 1973, in respect of adjudication of claims against the nationalisation coal mine oust the jurisdication of the civil court. section 28 days own tat the provisions of the coal mines (nationalisation)act, 1973, shall have effect notwithstanding anything contained ..... the disbursement of the amount paid of the commissioner for payment to the owner under the above referred provisions of the coal mines (nationalisation) act. 1973. to that extent, the scheme is certainly a complete code in itself. but, as mentioned above, the .....
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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 .....
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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!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 : Mumbai
Reported in : AIR1988Bom40; 1988MhLJ184
..... high court in indian cable co. ltd. v. lodna colliery co. ltd., : air1977cal402 , held that the analogous provisions of the coal mines (nationalisation) act, 1973 neither directly nor by implication took away the jurisdiction of the civil courts to entertain suits against the ex-owners of collieries ..... .21. for the purposes of examining the submission ii is necessary to refer to the provisions of the sick textile undertakings (nationalisation) act, 1974 (now called 'the nationalisation act'.)22. section 2 of the nationalisation act is the definition section. clause (d) of subsection () thereof defines 'custodian' to mean a custodian appointed under section 5 ..... indicate the submission and the judgment of the supreme court upon which it is based. the submission is that even assuming that, by reason of the nationalisation act; the liability of the principal debtor stood discharged, the guarantors are not discharged. the submission is based on the judgment in maharashtra state electricity board .....
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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 .....
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Reported in : 2010(112)BomLR2014
..... a word of variable import. in that judgment the right, title and interest of the coke oven plant which is vested in the central government under the coking coal mines (nationalisation) act, 1972 was considered. in that case the appeal of the company, in which the right, title and interest of the owners of the plants were to ..... vesting in possession alone would take place; the ownership would not vest.23. considering some of these judgments it has been held in the case of bharat coking coal ltd. v. karam chand thapar & bros. 2002 (8) scale 388 that the term vest in common english acceptation would mean and imply conferment of ownership of ..... nomination the effect of the testamentary disposition itself. hence, any other disposition or nomination under any other law stands subject to the nomination made under the depositories act. section 9.11.7 further shows that the last of the nominations would prevail. this shows the revocable nature of the nomination much like a testamentary disposition. .....
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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 .....
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Reported in : 2002(5)BomCR470; (2002)4BOMLR473; [2002(95)FLR751]; (2002)IIILLJ787Bom; 2002(2)MhLj850
..... , 1972 is pari materiasimilar to section 13 of the nationalisation act. theapex court ( ..... coal ltd. and ors., 1978 (2) llj 17.in the case before the apex court, the correctinterpretation of section 9 of the coking coal minesnationalisation act, 1972 read along with section 17was laid down. section 9 of the coking coal minesnationalisation act, 1972 is similar to section 5 ofthe nationalisation act. section 17 of the cokingcoal mines nationalisation act ..... . he furthersubmits that the labour court in the first award hadheld that no liability could be foisted on theappellant since the nationalisation act had come intoforce and, therefore, had awarded back wages. thisissue, according to the learned counsel, had beendecided by the labour .....
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Reported in : 2003(6)BomCR462; 2003(2)MhLj209
..... (with 100% share capital owned by the central government) having come into existence consequent upon the nationalisation of the coal mines under the coal mines (nationalisation) act, 1973, under section 3 of the said act the right, title and interest of the owners in relation to the coal mines came to vest absolutely in the central government initially and then came to be vested in the government company under section ..... , petitioner is holding the post of 'pump khalasi' with the wcl. according to him, wcl admittedly, is a company registered under the provisions of the companies act, 1956, coming into existence after enactment of the coal mines (nationalisation) act, 1973. he sought to contend that the central government is neither an appointing authority nor it had any role to play in providing for the employment .....
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