Court : Supreme Court of India
Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042
..... on may 27, 1976 by the coal mines (nationalisation) amendment act, 67 of 1976. the amendment act consists of five sections by which certain amendments were introduced into the principal act, namely, the coal mines (nationalisation) act, 26, of 1973. the statement of objects and reasons of the nationalisation amendment act reads thus :after the nationalisation of coal mines, a number of persons holding coal mining leases' unauthorisedly started mining of coal in the most reckless and unscientific manner ..... this point the coking coal mines (nationalisation) act of 1972 and the coal mines (nationalisation) act of 1973 cover the whole field of 'coal' which was intended to be nationalised. the titles of the two acts and the various provisions contained therein show that what was being nationalised was three distinct categories of mines : mines containing seams of coking coal exclusively; mines containing seams of coking coal along with seams of other coal; and mines containing seams of other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(112)FLR196]; [2007(1)JCR129(SC)]; JT2007(1)SC6; (2007)IILLJ206SC; 2006(11)SCALE624
..... . appellant herein joined as a chief general manager. he was working in a coking coal mine which vested in the bharat coking coal limited pursuant to an appropriate notification issued by the central government either under section 7 of the coking coal mines (nationalisation) act, 1972 or section 5 of the coal mines (nationalisation) act, 1973. 3. a chargesheet was issued against him on the allegation of shortage of stock of ..... coal in lodna area of respondent no. 1. during pendency of the departmental proceeding, the appellant was allowed to retire. he applied .....
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 : AIR1989SC1728; (1989)3CompLJ80(SC); JT1989(3)SC125; 1989(2)SCALE54; (1989)3SCC411; [1989]3SCR455; 1989(2)LC479(SC)
..... have been brought under state ownership and control by the coking coal mines (nationalisation) act, 1972 (hereinafter called 'the coking act') and the coal mines (nationalisation) act, 1973 (hereinafter called 'the coal act'). these acts completely divest the ownership rights in the mines from the owners to the central government. the acts provide for payment of specified amount to each of the owners ..... the liabilities of all the secured and unsecured creditors, the commissioner shall disburse such balance to , the owner of such coal mine or group of coal mines. 6. the scheme of the coal act and the bare reading of its provisions make it clear that the commissioner has to adjudicate the claims of creditors of ..... claims and liabilities are to be met. 10. the high court has further held that under section 26 of the coal act moneys paid to the commissioner in relation to a coal mine do not include the money accrued by way of interest. there is no basis for this interpretation. the plain reading .....
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 : 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 : Supreme Court of India
Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000
..... in coal mines (not already nationalised under the coking coal mines (nationalisation) act are left out of the coal mines (taking over of management) act and the coal mines (nationalisation) act, 1973. of course, coke oven plants situated away from the mines are not touched by either the coal mines (nationalisation) act, 1973 or the coking coal mines (nationalisation) act, 1972.7. the final result of these statutes is that all coal mines known to exist in the country are nationalised, whether they are coking coal mines or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... interest, of the management of 214 coking coal mines and 12 coke oven plants, including the coal mines in question, pending nationalisation of such mines. the ordinance was replaced by the coking coal mines (emergency provisions) act, 1971. thereafter, parliament enacted the coking coal mines (nationalisation) act, 1972 to complete the process of nationalisation of the coking coal mines and coke oven plants. it was entitled as 'an act to provide for the acquisition and transfer of ..... a trust. it seems somewhat illogical that the equitable doctrine of resulting trust should be brought into play in the construction of the provisions of a legislation dealing with nationalisation like the coking coal mines (nationalisation) act, 1972. in barclays bank ltd. v. quistclose investments ltd., the house of lords dealt with a question as to rights of set off following the liquidation of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)BLJR1264; JT2004(5)SC571; 2004(3)SCALE519; (2004)4SCC529
..... of nationalisation act of 1972 whereby and where under the related section on the basis of which the trail court (the asstt. commissioner of payment) passed ..... the account.13. under section 23(10) of the nationalisation act, 1972 the appellant-company preferred an appeal against the order of the assistant commissioner of payment which rejected the claim of the central government in its entirety in misc. appeal no. 29/82.14. the central government enacted the coal mines nationalisation laws (amendment) act, 1986 with retrospective effect from 01.05.1972 in respect .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC560; JT1998(5)SC615; (1998)5SCC512
..... of 'mine' has been noticed by this court in the decision of bharat ..... deemed to be the mines of which the management vested in the central government by virtue of provisions of section 3(2) of the said act. the coal mines (taking over of management) act, 1973 was followed by the coal mines (nationalisation) act, 1973 and the extended definition of mine as indicated in the coal mines (taking over of management) act was retained in section 2(h) of the nationalisation act with modification. the definition .....
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