Judgment Search Results Home > Cases Phrase: coal mines taking over of management act 1973 section 6 power of central government to appoint custodian Court: kerala Page 1 of about 9 results (0.174 seconds)

Subramanian, S/O. Parangodankutty Vs. the State of Kerala,

Court : Kerala

Reported in : 2009(1)KLT77

..... the corresponding terms and conditions prescribed by the rules framed in that behalf by the state government. in effect, therefore, the state government purported to take over the regulation of the minor mineral, otherwise comprehended by the provisions of the rules framed by the state government under section 15 of the mmrd ..... be expedient in the public interest.list ii5. local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.17. water, that is to say, water supplies, irrigation and ..... 23 of list ii of 7th schedule of the constitution. learned counsel for the petitioners essentially referred to the following decisions in substantiation of their contentions:(1) hinger rampur coal co. ltd. v. state of orissa : [1961]2scr537 (2) state of orissa v. m.a. tulloch : [1964]4scr461 (3) baijnath v. state of .....

Planters Forum Vs. State of Kerala

Court : Kerala

..... other members of the first petitioner trust; (vi) issue a writ of prohibition or a writ in the nature of prohibition permanently prohibiting the respondent state from taking over any land under the provisions of the kerala forest (vesting and management of ecologically fragile lands) act, 2003' (vii) issue a writ of mandamus or ..... out above, if sub-section (2) as introduced by the coal mines nationalisation laws (amendment) act, 1986 in section 10 had existed since the very inception, there was no occasion for the high court or this court to issue a direction for taking into account the price which was payable for the stock of coke ..... ) act, 1980 have witnessed many changes in the understanding of and perspectives on environmental problems and conservation of natural resources. the 2003 act is intended to take over forest areas and other ecologically fragile lands under private ownership and to safeguard and manage them scientifically.28. various other facts have been pleaded in the counter .....

Mrs. Elizabeth Samuel Aaron Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1983Ker225

..... undertaking. the observations contained in the decisions reported in hingir rampur coal co. ltd. v. state of orissa, air 1961 sc 459 ..... substance in the contention of the petitioner that by virtue of the mines and minerals (regulation and development) act, there is no competence at all in the state to legislate in respect of mines and minerals or to take any action to take over and conduct a mining unit as a measure of unemployment relief or as a relief ..... the development of minerals to the extent hereinafter provided.'17-a. it was submitted that the state government's power of taking over control or management of mints or mineral development is completely covered by the mines and minerals (regulation and development) act. 1957- in view of the declaration. sustenance for this proposition is drawn from .....

V.J. Thomas Vettom and K.M.J. Joseph and anr. Vs. Kuttanad Rubber Co. ...

Court : Kerala

Reported in : [1984]56CompCas284(Ker)

..... trustees as claimed.on occassion directors have been said to be trustees and on occasion not to be trustees.'9. the following observation in re forest of dean coal mining co. [1878] 10 ch d 450 was noted with approval (p. 453):' again, directors are called trustees. they are no doubt trustees of assets which ..... received particular elaboration in relation to directors and the practical importance of the subject makes it desirable to discuss it here in greater detail.'' directors, once their appointments take effect, are fiduciaries and must, therefore, display the utmost good faith towards the company in their dealings with it or on its behalf.' (p. 575)12 ..... , and then on the strength of those materials should interfere with the judgment of the learned judge, would be to exalt the opinion submitted by the inspector over the decision of the learned judge, which, according to us, is totally impermissible and not contemplated under the act. when proceedings are initiated on the strength .....

Smt. Elizebath Samuel Aaron and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1991Ker162; [1992]75CompCas377(Ker)

..... development and regulation) act (central act 65 of 1951) (industries regulation act, in brief) did not apply as to interdict the state of kerala from taking over the control or management of the company under the relief undertakings act. it was further held that the state legislature was not denuded of all its powers to ..... to these findings, as the very same contentions as those raised earlier have been repeated before us in this original petition as well. the super clays and minerals mining company (private) ltd. (acquisition of undertakings) ordinance no. 38 of 1983 was thereafter promulgated by which the undertakings of the company, the right, title ..... the original petition is filed in the following circumstances.2. there are three petitioners of which the second petitioner is the company, the super clays and minerals mining company (private) limited (hereinafter referred to as the company). petitioners i and 3 are two of its shareholders, the first petitioner smt. elizebath samuel aaron .....

Cheranallur Service Co-operative Bank Ltd. Vs. State of Kerala, Repres ...

Court : Kerala

..... entertain the dispute. simultaneously, the petitioner society filed ext.p5 preliminary objections wherein it was contended that as the definition of the term "dispute" does not take in disciplinary action, the arbitration case is not maintainable. it was contended that clause (d) of sub-section (2) of section 69 of the act ..... adjudication of disputes in connection with employment of officers and servants of the different classes of co-operative societies, which as held by this court would take in disputes arising under disciplinary proceedings also. therefore, merely because section 100 bars the jurisdiction of a civil court in respect of matters for which ..... co-operative arbitration court constituted under section 70a of the kerala co-operative societies act, 1969 (hereinafter referred to as "the act" for short), over ruling the preliminary objection raised by the petitioner society to the maintainability of an arbitration case instituted by the fifth respondent and ext.p1 order passed by .....

iti Limited Bangalore Vs. the Tahsildar, Palakkad

Court : Kerala

..... property of the defaulting industrial concern whereas in the case of a financial corporation that right is conferred on the creditor corporation itself which is permitted to take over the management and possession of the properties and deal with them as if it were the owner of the properties. if the corporation is permitted to ..... that may be taken against a sick undertaking. the action contemplated by section 29 of the 1951 act is undoubtedly a coercive measure directed at the take over of the management and property of the industrial concern and confers a further right on the financial corporation to transfer by way of lease or sale the ..... 10.2006, reported that iti has not utilised more than 72 acres of land and they have dropped the expansion programme permanently, therefore, the district collector can take steps to resume 50 acres of land and hence, government decided to resume the lands in question. accordingly, instructions regarding resumption were intimated to the iti authorities .....

Mathew Vs. Industrial Tribunal and ors.

Court : Kerala

Reported in : (1959)IILLJ58Ker

..... then the payments are made. at the time of giving the oranment, if it does not conform to the specifications given earlier, then also the workman has to take them back and do it over again at his own cost. wastage to the extent of half a ' panamide' for one pound is allowed to the workman. the workmen are not allowed to ..... of the tribunal, there is control and supervision exercised by the management. further, the tribunal has also accepted the evidence of the union that the workmen are not allowed to take helpers inside the shop and that the workers themselves have to do the work entrusted to them.18. mr. p. govindan nair further contended that even the finding regarding ..... is to be made. it would be entered in their accounts. then they work in a spacious hall in the shop. the tools belonging to them, the chaff, the the coal and earthen pot are supplied by the proprietor. their work is supervised by the proprietor. if he finds any mistake in the ornament, the workman would be asked to do .....

Gwalior Rayons Silk Mfg. (Wvg.) Co. Ltd., Mavoor and anr. Vs. Governme ...

Court : Kerala

Reported in : AIR1979Ker56

..... silk ., mavoor -- a private limited company -- and one of its shareholders, are the two petitioners in this writ petition. they challenge the recent gwalior rayons (rayon pulp division) taking over of management ordinance, 1978 (ordinance no. 14 of 1978) promulgated by the governor. the company is registered under the companies act with its registered office at nagda in madhya pradesh ..... under entry 23 is subject to the limitation imposed by the latter part of the said entry. if parliament by its law has declared that regulation and development of mines should in public interest be under the control of the union, to the extent of such declaration the jurisdiction of the state legislature is excluded. in other words, ..... v. m. a. tulloch and co. (air 1964 sc 1284); and baijnath v. state of bihar(air 1970 sc 1436). in the first of these cases (hingir-rampur coal co.'s case), it was observed (at p. 469):'23. the next question which arises is, even if the cess is a fee and as such may be relai- .....

Regional Director, E.S.i. Corporation Vs. David C.P.

Court : Kerala

Reported in : (1999)ILLJ941Ker

..... or obtaining mineral in the context. added to these, the application of the provisions of section 3 of the act would take the situation long away to understand the activity as a mining activity as contended by the applicant. in view of the above clear position, in our judgment, merely because the applicant ..... act, with regard to the establishment in question, the above statutory provisions would have to be considered for their application to the undisputed factual matrix spread over hereinbefore.21. the learned counsel for the applicant press into service certain factual aspects. he strenuously urged that there is a statutory licence for the blasting ..... measured from its highest to its lowest point nowhere exceeds six meters or, in the case of an excavation for coal, fifteen meters andiii) no part of such excavation extends below superjacent ground; orb) any mine engaged in the excavation of kankar, murrum, laterate, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass .....