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Assam Sillimanite Ltd. and Another Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1992SC938; JT1992(2)SC434; 1991(2)SCALE1309; 1992Supp(1)SCC692; [1991]Supp3SCR273; 1992(1)LC288(SC)

..... sanjeev coke manufacturing company (supra), the constitutional validity of coking coals mines (nationalisation) act, 1972 and the coal mines (taking over of management) act, 1973 was under challenge. ..... the act has been passed when the matter relating to taking over of the management was ..... we are, therefore, of the view that the plant as well as the manufactured refractories constitute material resources of the community and the take over of the plant to augment the supplies of refractories to meet the essential requirements of the iron and steel industry in public interest ensures distribution as best to subserve the ..... appellant prayed for a writ in the nature of certiorari quashing the act and a writ in the nature of mandamus directing the respondents to reflex the amount of price payable taking into consideration the assists and liabilities, potentialities and the present market value ..... recent decision of this court in tinsukhia electric supply company (supra), the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. ..... article 31c was inserted by the constitution (twentyfifth) amendment act, 1971 with the object of getting over the difficulties placed in the way of giving effect to the directive principles in part iv, by ..... the undertaking was taken over by the central government under section 18a of the industries (development & regulation) act for a period of three years which was extended for a further period of one year with effect from .....

New Satgram Engineering Works and anr. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Reported in : AIR1981SC124; (1980)4SCC570; [1981]1SCR406

..... be, shall cause the books in relation to each coal mine, the management of which has vested in it under the coal mines (taking over of management) act, 1973, to be closed and balanced as on the date immediately before the appointed day, and shall cause a statement of accounts, as on that day, to be prepared, within such time, in such form and in such manner as may be prescribed, in relation to each such mine in respect of the transaction effected by it during the period for which the management of such coal mine remained vested in it :provided that where two ..... or more coal mines were owned, before the commencement of this act ..... the central government is required under sub-section (1) of section 19 to cause the books of accounts in relation to each coal mine, the management of which has vested in it under the coal mines (taking over of management) act, 1973 to be closed and balanced as on the date immediately before the appointed day, i.e. .....

Bira Kishore Naik Vs. Coal India Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1986SC2123; 1986LabIC1944; (1986)IILLJ139SC; 1986(1)SCALE1300; (1986)3SCC338; [1986]2SCR1044; 1986(2)LC293(SC)

..... the schedule to the act specified the names of coal mines which stood vested in the central government section 3(2) provides that if after the appointed day existence of any other coal mine comes to the knowledge of the central government, the provisions of coal mines (taking over of management) act, 1973 shall apply to such mines until that mine is nationalised by an ..... the coal mines (taking over of management) act, 1973 was enacted to provide for the taking over of the management of coal mines, 'pending nationalisation of such mines with a view to ensuring rational and co-ordinated development of coal production and for promoting optimum utilisation of the coal resources consistent with the growing requirements of the country, and for matters connected therewith or incidental ..... therefore considered that it would not be appropriate either to nationalise these unauthorisedly worked mines after taking them over under the coal mines (taking over of management) act, 1973 or to get the concerned mining leases prematurely terminated and regranted to government companies under the mining and minerals (regulation and development) act, 1957. ..... asserted that although subodhchandra mondal had obtained lease for extracting coal in the natundihi paharlabera in the state of west bengal but he never extracted coal and there was no coal mine in existence either on the enforcement of the coal mines (taking over of management act) 1973 or on the date when the nationalisation act came into force. .....

Purushottampur Colliery Pvt. Ltd. and anr. Vs. Union of India (Uoi) an ...

Court : Patna

..... the case of the claimant-respondent, in brief, is that under section 3 of the coal mines (taking over of management) act, 1973, the management of the coal mines vested in the central government with effect from 31-1-1973 and the colliery was managed till 30-4-1973. ..... the coal mines (taking over of the management) act, 1973 was enacted for the purpose of taking over the management of coal mines pending nationalisation of such mines in order to ensure rational and coordinated development of coal production and for promoting optimum utilisation of coal raised consistent with the growing requirements of the country. ..... -- (1) the central government or the government company, as the case may be, shall cause the books in relation to each coal mine, the management of which has vested in it under the coal mines (taking over of management) act. ..... 1973, to be closed and balanced as on the date immediately before the appointed day and shall cause a statement of accounts, as on that day, to be prepared, within such time, in such form and in such manner as may be prescribed, in relation to each such mine in respect of the transactions effected by it during the period for which the management of such coal mine remained vested in it: provided that where two or more coal mines were owned, before the commencement of this act, by the same owner, a consolidated statement of accounts .....

United Collieries Ltd. Vs. Coal India Limited and ors.

Court : Jharkhand

Reported in : [2003(1)JCR225(Jhr)]

..... learned counsel contended that the law of limitation was not applicable in the present case in view of section 11 of the coal mines (taking over of management) act, 1973 in short management act of 1973) and the said act has not been repealed and such limitation would not apply for the purpose of claim of the erstwhile owner of the collieries against their creditors. mr. ..... we are further of the view that by virtue of section 11 of the coal mines (taking over of management) act, 1973 the period upto 1.5.1973 is to be excluded in computing the period of limitation in the event any suit is filed by the owner of the coal mines after coming into force of coal mines nationalisation act.9. ..... admittedly the management of coal mines was taken over by the central government on 31.1.1973 by virtue of the enforcement of coal mines (taking over of management) act 1973. ..... consequently, all the bills and all types of transactions were taken over by the custodian as per the coal mines (taking over of management) act, 1973 and the said custodian appointed by the central government was entrusted to realize all the dues of the coal mines to the exclusion of all persons. ..... banerjee, further contended that the learned single judge erred in law in holding that after enforcement of coal mines nationalisation act, 1973 (in short nationalisation act the coal mines (taking over of management) had no applicability.7. .....

Sanjeev Coke Manufacturing Company Vs. Bharat Coking Coal Limited and ...

Court : Supreme Court of India

Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000

..... the coking coal mines (emergency provisions) act, 1971, the coking coal mines (nationalisation) act, 1972, the coal mines (taking over of management) act, 1973, and the coal mines (nationalisation) act, 1973 were respectively enacted in that order.3. ..... the coking coal mines (nationalisation) act, 1972 was followed soon thereafter by the coal mines (taking over of management) act, 1973. ..... after the coal mines (taking over of management) act 1972, came the coal mines (nationalisation) act, 1973 which was enacted 'to provide for the acquisition and transfer of the right, title and interest of the owners in respect of the coal mines specified in the schedule with a view to re-organising and reconstructing such coal mines so as to ensure the rational, coordinated and scientific development and utilisation of coal resources consistent with the growing requirements of the country in order that the ownership and control of such resources are vested in the ..... therefore, coke oven plants not belonging to or 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. ..... we have already mentioned that the expression 'mine' is defined in the coal mines (taking over of management) act and the coal mines (nationalisation) act in practically the same terms as in the coking coal mines (emergency provisions) act and the coking coal mines (nationalisation) act. .....

Srimati Sulochna Devi and ors. Vs. Coal India Limited and anr.

Court : Jharkhand

Reported in : 2007(2)BLJR2738; [2007(4)JCR116(Jhr)]

..... before taking over the management under the coal mines (taking over of management) ordinance, 1973 which was followed by the coal mines (taking over of management) act, 1973 and later on vesting of the collieries under the coal mines (nationalization) act, 1973 a dispute arose between the aforesaid two collieries, namely, shri durga boka pahari colliery belonging to shri mukherjee and martina colliery belonging to m/s oriental coal, company. ..... coal mines (taking over of management) act, 1973 was enacted for taking over the management of the coal mines in the public interest pending nationalization of such mines. ..... plaintiff-appellant's further case is that after coal mines (taking over of the management:) act, 1973 came into force, the management of his colliery, namely, sri durga boka pahari colliery was not taken over by the coal mines authorities but in spite of that the respondents were trying to interfere with the possession of the plaintiff-appellant. ..... immediately thereafter coal mines nationalization act, 1973 was enacted which provides, inter alia for acquisition and transfer of right, title and interest of the owners in respect of the coal mines specified in the schedule with a view to re-organising and re-constructing such coal mines so as to ensure rational coordinated and scientific development and utilization of coal resources consistent with the growing requirement of the country. .....

Katras Jherriah Coal Co. Ltd. Vs. Mercantile Bank

Court : Kolkata

Reported in : AIR1981Cal418,1981(2)CHN146,86CWN1

..... few months prior thereto management of the coal mines was taken over under the provisions of coal mines (taking over of management) act, 1973, as a result whereof the company was unable to run the business so as to take advantage of the credit facilities advanced by the claimant bank to them essentially for the purpose of their business as owner of coal mines. ..... gupta appearing in support of the revisional application is that the contract between the parties stood frustrated not with effect from 1st may, 1973 but with effect from 31st january, 1973 which was the appointed day under the provisions of the coal mines (taking over of management) act, 1973. ..... . das gupta when the coal mines (taking over management) act came into force, the only effect is that the contract came to an end ..... act was preceded by the coat mines (taking over of management) act, 1973 which was deemed to have come into effect on the 30th day of january, 1973. ..... the passing of the coal mines (taking over of management) act did not in law obliterate the ownership of the ..... we are, however, unable to subscribe to this view, section 7(1) of the coal mines (nationalisation) act, 1973 provides that every liability of the owner, agent, manager or managing contractor of the coal mines in respect of any period prior to the appointed day, shall be the liability of such owner, agent, manager or managing contractor as the case may be, and shall be enforceable against him and not against the central government or the government .....

Bharat Coking Coal Ltd. Vs. Shyam Sunder Prasad and ors.

Court : Supreme Court of India

Reported in : AIR1999SC560; JT1998(5)SC615; (1998)5SCC512

..... 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 ..... however, in the coal mines (taking over of management) act, 1973, an extended meaning was given to the expression 'mine' and under the said act, the management of coal mines vested in the central government on and from the appointed day, namely, from 30-1-1973 and the coal mines specified in the schedule of the act were 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. ..... agrawal, : air1997sc1599 and it has been held on consideration of the definition of 'owner' and 'mine' in the said coal (nationalisation) act that even assets in respect of which the mine or the mining company may not be the proprietor but which were leased to the mine or which were in the possession of a mine over a period of time, would stand acquired. ..... under the extended definition of mine in the coal nationalisation act such machine had therefore vested ..... , : (1962)illj450sc , it was held that mine in section 2(j) of the mines act excluded an office of mine which was separately defined by section 2(k). ..... it may be stated that the limited nature of the definition of mine in the mines act was noticed by this court in the decision in serajuddin & co. .....

Central Coalfields Ltd. Vs. T.M.S. Engineering and Construction Compan ...

Court : Jharkhand

Reported in : [2004(4)JCR437(Jhr)]

..... the impugned judgment it has been submitted by shri anup kumar mehta, learned counsel for the defendant-appellant, that the learned court below has committed a manifest error in not properly construing the provisions of coal mines (taking over of management) act 1973 and the coal mines (nationalization) act, 1973 and as well as definition of 'mine' as contained in the aforesaid acts, and the learned court below has erroneously come to the finding that the machineries, equipments, trucks and bulldozer etc. ..... cma/nk (w) g/73/10642-45, dated 18th september, 1973 informed the plaintiff-respondent (hat coal mines authority had decided and taken over the ancillaries and relevant spares engaged by him in the work of over burden removal at karampura dewarkhand colliery under the provisions of the coal mines (taking over of management) act, 1973 and coal mines (nationalization) act, 1973 and details of the equipments,. ..... the further case of the plaintiff-respondent is that there is nothing in the coal mines (taking over of management) ordinance, 1973 as well as in the coal mines (taking over of management) act, 1973 to infringe or affect the right, title, interest, ownership and possession of the plaintiff - respondent in its aforesaid machineries, equipments etc. .....