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 .....
Tag this Judgment!Court : Patna
..... , transport charge was taken into consideration when the bills were paid after necessary adjustment keeping in view the ash percentage. it was also contended that the coal mines (taking-over of management) act 1973 (hereinafter referred to as 'the management act') does not save the limitation and thus, the suit is barred by limitation. ..... is true that by any clear words in the coal mines (nationalisation) act, or by any act afterwards, the coal mines (taking-over of management) act, 1973, has not been repealed. in ..... act') and provisions of management act, his lordship has held that 'after the mines are vested in the central government then the central government became the absolute owner of the erstwhile collieries and then, the question of coal mines (taking-over of management) act remaining in force has no meaning at all. but, it .....
Tag this Judgment!Court : Patna
..... force. it is true that under section 11 of the act, the period of limitation has been kept in abeyance during the continuance of the coal mines (taking over of management) act. now, it is to be construed whether coal mines (taking over of management) act is still in force or not.10. we are to consider that fact from the preamble and other provisions in the act ..... .1973, the ownership of the plaintiff-company was changed to govt. company and from that date the coal mines (taking over of management) act has no application in it. in view of section 18 being included within the coal mines (taking over of management) act, there remains no question of repealing of coal mines (taking over of management) act because this act has got no application the govt. owned companies and for .....
Tag this Judgment!Court : Patna
..... of such mines immediately before the appointed day was to manage them for and on behalf of the central government ..... which provided for vesting of the management of all coking coal mines in the central government with effect from the appointed day i.e. october 17, 1971. the said act further provided for appointment of custodian to take over the management of coking coal mines and pending such appointment the person in-charge of the management ..... . on december 27, 1971 the custodian appointed by the government took over the management of the coking coal mines bararee coke company. thereafter, the parliament enacted the nationalisation act in 1972 which provided for nationalisation of coking coal mines with effect from the appointed date may 1, 1972.7. as mentioned hereinabove, .....
Tag this Judgment!Court : Patna
..... the parliament enacted coking coal mines (emergency provisions) act, 1971 (hereinafter referred to as the emergency provisions act), which provided for taking over of the management of the coking coal mines by the central government from the appointed day i.e. october 17, 1971. thereafter coking coal mines (nationalisation act), ..... 1972 (hereinafter referred to as the nationalisation act) was passed, whereby and whereunder on the appointed day, i.e. may 1, 1972 the right, title and interest of the owners in relation to the coking coal mines ..... before the emergency provisions act came into force on october 17, 1971 on which date the management of the coking coal mines was taken over by the central government. they accepted the retrenchment compensation and did not raise any dispute as regards their retrenchment. but .....
Tag this Judgment!Court : Patna
..... , aerial ropeways, stock of coal and different other materials under operation for the purpose of searching or obtaining minerals or for the ..... co. ltd. has been included at serial no. 154 of the first schedule. therefore, all the ownership rights not only of the coal mines have been taken over by the government free from the encumbrances with effect from the appointed day rather all lands, buildings, works, plans, machinery, vehicles, workshop ..... moveable or immovable, and current assets, belonging to a mine, whether within its premises or outside.explanation xxxxx 14. a bare reference to the aforesaid, it would appear that the idea of the central government behind the nationalisation was to take over all the coking coal mines including lands, buildings, machineries, plants, vehicles, airways .....
Tag this Judgment!Court : Patna
..... whereby it had ordered that all the assets and liabilities relating to tenughat vidyut nigam ltd. shall pass on to the state of jharkhand with effect from such taking over by the government of jharkhand under section 47 of the bihar re-organisation act 2000;(4) to quash the communication dated 2nd of september, 2003 (annexure-10 ..... purpose. their property is their own and it, vests in them. under section 5(1) of the coal mines (nationalisation) act, 26 of 1973, which applies in the instant case, the right, title and interest of a nationalised coal mine vest, by direction of the central government, in the government company. if the lands and buildings on which ..... the essentiality and overwhelming nature ofsuch factors in identifying the real source of governing power, if need be,piercing the corporate veil of the entity concerned.' (underlining mine)30. reliance has also been placed on the decision of the supreme court in the case of kapila hingorani v. state of bihar : (2003)iiillj31sc and my .....
Tag this Judgment!Court : Patna
..... said hearing of the appeal. alongwith the said interlocutory application, an order dated 17-7-1999 was also enclosed issued by the certificate officer mines, dumka addressed to the branch manager, state bank of india, rajmahal coal mines project, urja nagar, mahgama, district godda purporting to attach the bank account of the petitioner-company, being account no. 50006, in view ..... special provisions) act, 1985 (hereinafter called the said act). on 24-8-1999, an order of stay was granted on the present i.a. restraining the respondents from taking any coercive steps for realising 50% of the certificate dues till 2-9-1999. then, the matter was heard again on 31-8-1999 and the stay order was ..... or by the chairman as the case may be. so unless the entire gamut or the appeal provisions under regulation 19(8)(1) and 19 (8) (2) are over, it cannot be said that the registration of the reference has been declined.26. a right of appeal has always been construed as the creature of statute. but, when .....
Tag this Judgment!Court : Patna
..... and the assam unit by the government of assam, that both the governments requested the government of india to make financial assistance, which also granted financial assistance, that for taking over and running the ashok paper mills, darbhanga, a draft ordinance was sent to the president of india, that the minister of state for industries, governmenr of india, vide ..... and as such his claim for payment by the state government is not justified though on humanitarian ground it has been paying advance wages that in the event of take over, the payment so made will be debited to the account of the company, that the union of india has given financial assistance to the government of assam, which ..... regard to case no. 222/87, concern ing the company also cannot be said to be settler of the issue.24. no ordinance/act has come in existence taking over the company. in regard to non-giving of financial assistance to this state by the union we are not called upon to make any comments.25. the petitioner .....
Tag this Judgment!Court : Patna
..... . thus it cannot be permitted to challenge the action of the corporation on merits. ....... . . ' the issue relating to the corporation's right to take over the management or possession or both of the petitioner company as well as the right to transfer on lease or sale in terms of section 29 of the ..... wilful defaulter is basically and fundamentally a commercial decision and this court, in view of the law enunciated in the aforesaid judgments, is precluded from taking a different view on the same materials. the corporation being a specialized body, its board of directors comprising of experienced and specialized persons who are experts ..... , dissenting), resolved that the said unit was not eligible for consideration under one time settlement scheme and accordingly rejected the application. managing director was authorised to take further action in accordance with the law for realisation of the dues of the corporation. .............' 5. while assailing the validity of the impugned order mr. .....
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