Judgment Search Results Home > Cases Phrase: coal mines taking over of management act 1973 section 8 penalties Page 1 of about 1,042 results (0.129 seconds)

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

Court : Mumbai

Reported in : AIR1980Bom168

..... 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, the remaining provisions are deemed to have come into force on 1-5-1973, the 'appointed day' means the 1st day of may, 1973 under the definition under section 2(a). ..... in these sections, the word 'owner' is applied in relation to the acquisition of the rights of owners of coal mines, payment of amount to owners of coal mines, management etc. ..... are used for the purposes of the mine, they would come within the ambit of the definition of 'coal mines' as defined under the said act in the opinion of the learned judge, if the property in question comes within the definition of a coal mine, then the right, title and interest of the owner in relation to that object would be the right, title and interest of the owner in relation to a coal mine and the same will by virtue of subsection (1) of section 3 vest in the central government. .....

Tara Prasad Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042

..... section 3(2) of the nationalisation act, 1973 made provision for taking over the management of such mines by declaring for 'the removal of doubts' that if, after the appointed day, the existence of any other coal mine comes to the knowledge of the central government, the provisions of the coal mines (taking over of management) act, 1973, shall, until that mine is nationalised by an appropriate legislation, apply to such mine ..... mines whose mines were not included in the schedule but whose right, title and interest was to vest eventually in the central government under 'an appropriate legislation' envisaged by section 3(2) of the nationalisation act were, by this method, placed on par with the owners of mines of which the management was taken over under the coal mines (taking over of management) act, 1973 ..... the coal mines (taking over of management) act, 15 of 1973, which received the assent of the president on march 31, 1973 was given retrospective effect from january 30, 1973 except section ..... 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. ..... sections 30 and 31 of that act dealing respectively with penalties, and offences by companies came into force at once but the remaining provisions were deemed to have .....

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 ..... . section 3(2) further provides that the coal mines specified in the schedule to the act shall be deemed to be the coal mines the management of which shall vest in the central government under sub-section (1) and further that if the existence of any coal mine comes to the knowledge of the central government, the central government shall make a declaration about the existence of such mine and the management of such coal mine shall thereupon be deemed to vest in the central government and the coal mine deemed to be included in ..... . twelve such coke oven plants, the same twelve coke oven plants which were mentioned in the second schedule to the coking coal mines (emergency provisions) act, are again specified in the second schedule to the coking coal mines nationalisation act too and section 5 of the act provides that the right, title and interest of the owners of each of the coke oven plants specified in the second schedule, being the coke oven plants which are situated in ..... . section 3(2) provides that if the existence of any other coal mine comes to the knowledge of the central government, after the appointed day, the provisions of the coal mines (taking over of management) act shall apply to such mine until that mine is nationalised by an .....

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)

..... 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. ..... before the high court, the appellant challenged the validity of the act mainly on there grounds :(a) the central government could not pass an order under section 18a of the act without furnishing of the materials collected against the company and affording them an opportunity to explain the circumstances sought to be relied upon against the company. ..... -(1) in addition to the amounts specified in section 9, there shall also be given to the company, in cash, by the central government an amount computed at the rate of rupees two thousand and five hundred per mensem for the deprivation of the company of the management of its refractory plant during the period commencing on the 2nd day of november, 1972, and ending on the appointed day ..... (3) for the removal of doubts, it is hereby declared that the liabilities of the company in relation to the refractory plant, other than those referred to in sub-section (2) of section 8, shall be met from the amount referred to in sub-section (1), in accordance with the rights and interests of the creditors of the company.10. ..... 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 1.11.1972 .....

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 appropriate ..... 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 ..... 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. .....

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

..... 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. ..... 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 .....

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. ..... provisions of section 19 of the said act, it is manifest that it was obligatory on the part of the central government or the government company, as the ease may be, to cause the books in relation to each coal mines, whose management is vested in the central government to be closed and balanced as on the date immediately before the appointed day and also cause the statement of accounts as on that day to be prepared in respect of the transactions effected by it during the period for which the management of such coal mine remained vested .....

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. ..... 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. .....

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. ..... section 3 deals with acquisition of rights of owners of the coal mines. ..... (i) whether durga bokapahari colliery vested in the central government as per section 3 of nationalisation act, 1973? ..... sub-section (4) of section 3 provides that where mining lease has been terminated under sub-section (3) of section 3, it shall be lawful for the government or the govt. ..... sub- section (1) provides that on the appointed day the right, title and interest, of owners relating to the coal mines specified in the schedule shall stand transferred to and shall vest absolutely in the central government free from all encumbrances. ..... sub-section (2) of section 3 was amended in the year, 1976 which provides that no person other than the central government or the govt. ..... which was subsequently converted into a proceeding under section 145 cr.p.c. ..... thereafter, a proceeding under section 144 cr.p.c. ..... the appeal under section 100 c.p.c. .....

Katras Jherriah Coal Co. Ltd. Vs. Mercantile Bank

Court : Kolkata

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

..... a 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. ..... 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 company ..... poraineswami, : [1969]1scr65 it has been observed that in view of the statutory provisions laid down by section 56 of the contract act, the english authorities cannot be of direct assistance though they may have a persuasive value in showing how the english courts have approached and decided cases under similar circumstances.9 ..... in the present case we are concerned with the 2nd paragraph of section 56 of the contract act which is to the following effect :'a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful'.10. .....