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Judgment Search Results Home > Cases Phrase: coal mines taking over of management act 1973 section 6 power of central government to appoint custodian Page 1 of about 884 results (1.065 seconds)

May 07 1986 (SC)

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)

..... 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. in order to achieve this purpose the coal mines (nationalisation) amendment ordinance was promulgated on april 29, 1976 providing that ..... employees of the central government or of the government company.3. 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 .....

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Apr 09 1973 (HC)

New Chhatabar Coal Co. Ltd. and anr. Vs. J.G. Kumarmangalam and ors.

Court : Kolkata

Reported in : AIR1974Cal242

..... annexture 'b' to the petition. the said publication is set out hereunder :--'coal mines authority,government of india, ministry of steel & mines, dept. of mines,6, lyons range, calcutta-1. notice to all customers of coal mines as notified in schedule to the coal mines (taking over of management) ordinance, 1973, published in the gazette of india. dated ..... 1) of the constitution of india promulgated an ordinance known as the coal mines (taking over of management) ordinance, 1973 (referred to as 'the said ordinance' hereinafter) for the purpose of taking over the management of coal mines containing coal pending the nationalisation of the said mines. the said ordinance came into effect on january 31, 1973. in ..... been made for the issue of a writ in the nature of mandamus directing the respondents to forbear from giving any effect to the coal mines (taking over of management) ordinance, 1973, in relation to the chhatabar colliery of the petitioner situated in mouza chhatabar. p.s. nirsha in the .....

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Apr 15 1985 (HC)

Union of India (Uoi) and ors. Vs. Commissioner of Payments and ors.

Court : Kolkata

Reported in : AIR1986Cal236

..... was managed by the central government 'shall be recovered from the income derived from the transactions which took place at any time after the commencement of the coal mines (taking over of management) act, 1973 but before the appointed day notwithstanding that such income was derived after the appointed day'.6. in this case, the petitioners ..... in the central government, shall be recovered from the income derived from the transactions which took place at any time after the commencement of the coal mines (taking over of management) act, 1973, but before the appointed day notwithstanding that such income was derived after the appointed day :provided that where such ..... the central government (section 18(2)). this provision became necessary in view of the fact that prior to nationalisation, the management of the coal mines had been taken over by the central government on and from 30th january, 1973. under the nationalisation act, the central government or the government company was required to .....

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Apr 11 1980 (SC)

Dejapada Das and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC2031; (1980)3SCC412; [1980]3SCR586; 1980(12)LC691(SC)

..... follows that on any view of the matter the managements other than those specified under section 3(3) of the 1976 act can claim to extract coal from any coal mines. if this conclusion is sound, ..... 5, it is impossible to postulate 'deemed custodianship'. there are scheduled mines or notified mines, under the scheme of statutory management in the management take-over act. notifications are a sine qua non for custodian-ship, actual or deemed and absent such notification taking over management no private agency can self-style itself as deemed custodian. it ..... appointed so that a legal colour is imparted to lawless depradations.5. it is true that nationalisation of coal, as a policy, has been evolved over the seventies. in the beginning, the management of coal mines was taken over and at a later stage ownership itself vested in the union of india by virtue of ownership of .....

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Dec 10 1982 (SC)

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

..... provisions act) or the coking coal mines (nationalisation) act.6. the coking coal mines (nationalisation) act, 1972 was followed soon thereafter by the coal mines (taking over of management) act, 1973. coal mine is defined by section 2(b) of the act to mean a mine in which there exists one or more seams of coal. it is seen that the definition of coal mines takes in coking coal mines also. mine is defined by section 2(g ..... here that history in any great detail. 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. first came the coking coal mines (emergency) provision act 1971 which provided for the taking over of the management of coking coal mines and coke oven plants pending nationalisation of such .....

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Dec 10 1991 (SC)

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)

..... and would be clearly covered by clause (b) of article 39.34. in 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 court said that when article 39(b) refers to material resources of the community, it ..... industry.38. 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 ..... of plant under the act is mala fide and is nothing but colourable exercise of jurisdiction. the act has been passed when the matter relating to taking over of the management was subjudice.(c) the amount of price payable under the act is only illusory. the respondents have not taken into consideration the assets .....

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Nov 20 1979 (HC)

Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

Court : Mumbai

Reported in : AIR1980Bom168

..... that the said act completes the process of nationalisation of the coal mines. this course of action was started with the promulgation of the coal mines (taking over of management) ordinance, 1973, whereby the management of all coal mines was taken over by the central government with effect from 31st january, 1973 pending nationalisation of coal mines, followed by the coal mines (taking over of management) act, 1973. except sections relating to offences and penalties ..... defendant known as dakra buka-buka colliery. thereafter, by the coal mines (taking over of management) act, 1973 (no. 15 of 1973). the management of the coal mines was taken over and 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 .....

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Aug 14 1980 (SC)

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

..... plot of land, namely, the guest house used for the residence of officers and staff of the mines.4. the management of the aforesaid coal mines was first taken over under the coal mines (taking over of management) ordinance, 1973 pending nationalisation of such mines and vested in the central government from the appointed day i.e., january 31, 1973. the ..... .-(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 ..... 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., april .....

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Sep 05 1997 (HC)

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

Court : Patna

..... ) 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 ..... of the act referred to hereinabove. 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 ..... against the petitioners. 3. 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. thereafter .....

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Aug 14 2002 (HC)

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

Court : Jharkhand

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

..... against their creditors. mr. 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. before appreciating the contention pf the learned counsel, it would be useful to refer ..... some of the provisions of the management act and the nationalisation act section 11 of the coal mines (taking-over of management) act reads as under :'exclusion of period of operation of act in computing period of limitation.--in computing the period of limitation prescribed ..... central government, and the central government became absolute owner, the management also vested in the central government and it is started managing the coal mines. the coal mines (taking over of management) act. 1973 ceased to have any force of law on the date when the nationalization act came into force. we are .....

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