Judgment Search Results Home > Cases Phrase: coal mines taking over of management act 1973 Court: kerala Page 1 of about 84 results (0.102 seconds)

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

Court : Kerala

Reported in : AIR1983Ker225

..... that a provision similar to section 20 of the industries (development and regulation) act is not available in the mines and minerals (regulation and development) act, 67 of 1957, and therefore, there is no prohibition in the state government issuing the notification relating to the taking over the management and control of a mining unit. ..... 'section 20, to which specific reference was made, is in the following terms :'after the commencement of this act, it shall not be competent for any state government or a local authority to take over the management or control of any industrial undertaking under any law for the time being in force which authorises any such government or local authority ..... counsel for the petitioner submitted that by reason of the interdict contained in section 20 of the act 65 of 1951, it was not competent for the state government to issue any notification taking over the management or control of any industrial undertaking included in the first schedule under anylaw for the time being in force, which authorises any such government or local authority ..... was then submitted that even assuming it applies, what is prohibited under section 20 of act 65 of 1951 is the taking over the management or control of any industrial undertaking and not a declaration that an undertaking is a relief ..... works; and the company purchased from sri samuel aaron the hindustan china clay works on 2-1-1973-sri samuel aaron died on 25-9-1975. ..... in the decisions reported in hingir rampur coal co. .....

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

Court : Kerala

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

..... he also refers to section 20 of the said act as per which it shall not be competent for any state government, afterthe commencement of the act, to take over the management or control of any industrial undertaking under any law for the time being in ..... reasons stated above, section 20 of the industries regulation act interdicting taking over of control or management of undertakings is also not attracted to this case.38. ..... was held that section 20 of the industries (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. ..... the contention of the petitioners is that by virtue of the declaration made by the parliament in section 2 of the industries regulation act and section 2 of the mines and minerals regulation act, the entire field relating to the industry in question is occupied by these parliamentary legislations under entries 52 and 54 of the union list and there is no residual field left for any ..... the company commenced its operations in 1973, but soon ran into great financial difficulties, which constrained the management to declare a lay-off on january 13, 1975 for the period up to ..... state of kerala, air 1973 sc 1461 and this decision was understood as holding that though the adequacy of the 'amount' fixedby the legislature was not justiciable, the court could still interfere where the amount fixed was .....

The CochIn Coal Company Limited Vs. the State of Travancore-cochIn and ...

Court : Kerala

Reported in : [1956]7STC731(Ker)

..... macheill and barry limited, calcutta who are the managing agents for various coal mining companies. ..... section 26 of the travancore-cochin general sales tax act, 1125 (corresponding to section 22 of the madras general sales tax act, 1939) reads as follows :(1) notwithstanding anything contained in this act-(a) a tax on the sale or purchase of goods shall not be imposed under this act-(i) where such sale or purchase takes place outside the state of travancore-cochin; or(ii) where such sale or purchase takes place in the course of import of the goods into, or export of the goods out of, the territory of india;(b) a tax ..... (2) every person who has collected or collects any amount by way of tax under this act on or after the date prescribed under the proviso to sub-clause (1) shall pay over ,to government all amounts so collected by him if they are in excess of the tax, if any, paid by him for the period daring which collections were made; and in default of such payment, the amounts may be recovered as if they ..... 627) is :-the bans imposed by article 286 on the taxing powers of the states are independent and separate and each one of them has to be got over before a state legislature can impose tax on transactions of sale or purchase of goods. .....

K.M. Thomas Vs. CochIn Refineries Ltd. and ors.

Court : Kerala

Reported in : AIR1982Ker248; [1985]58CompCas48(Ker); (1982)IILLJ233Ker

..... company violated the norms and standard fixed by it in the tender notification, that it action was arbitrary and violated the equality clause in article 14 of the constitution, that procedure of securing confidential information and acting on the same without putting it to the petitioner and without giving him an opportunity to give an explanation or to challenge the confidential information offend the doctrine of fair play in administrative action and violates rules of ..... nominees it not sullicient to say government has exclusive or unusual control over management etc. ..... the circumstances of the case, it is contended, there was nothing wrong in the company securing confidential reports about the tenderers' past performance and acting on the same and the company had no duty to put the confidential information to the petitioner or give him a hearing on the same.5. ..... rule 6 tender notification dated 1-3-1982, first respondent -cochin refineries limited, a government company incorporated under the companies act, 1956, invited sealed item-rate tenders from experienced and financially sound contractors for constructing a new service building at the company's premises to house a canteen, changing ..... this conclusion is valid even taking into consideration certain reservations regarding ..... , petroleum products, oil gas, carbon, minerals, coal ores, sub-soil products, etc. ..... the company are to deal with (import, export, purchase, sale, manufacture, refine, prospect for, extract, mine, bore etc. .....

Puthucode Juma-ath Committee, Palakkad, Represented by Its Secretary M ...

Court : Kerala

..... of the notice, it may, with the prior approval of the government, take over the property, clear it of any building or structure thereon, which, in the opinion of the board is necessary for execution of the work and execute such works from wakf funds or from the finances which may be raised on the security of the properties of the wakf concerned, and control and manage the properties till such time as all expenses incurred by the board ..... and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended: provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the wakf, the purposes of the wakf and any usage or custom of the wakf sanctioned by the school of muslim law to which the wakf ..... by ext.p2 judgment in o.p.nos.1452 and 2048 of 1973 it was held that wakf board will be the ultimate authority to ..... in the connected original petition, o.p.no.2048 of 1973 the challenge is to the same order by the representatives of the three other mahals who claim that the order is bad for another reason, as to the disposal of the amount in deposit realized as the result of ..... o.p.no.1452 of 1973 is hence quashed ..... the o.p.no.2048 of 1973 must be sustained. ..... to the materials placed before it and the lis between the parties was decided as was contemplated by this court in the second appeal and also in the judgment in o.p.nos.1452 and 2048 of 1973. 16. .....

Choice Plywood Industries Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT513; [2006]147STC72(Ker)

..... packing cases, be liable to taxnts, tea chests, woodden plywood, splints, under the kgst actcrates, woodden cable tea chests, wooden 1963 or the cstdrums or veneers crates, wooden cables act 1965drums or veneersthis notification shall be denied to have come into force with effect from 1st january 1994.explanatory notein the budget speech 1994 it has been announced to exempt the small scale ..... portion of the judgment was subsequently clarified by the apex court in kalyani packaging industry's case, supra : 2004(168)elt145(sc) stating that the circular of the board cannot prevail over the orders of the apex court and held that to hold otherwise would mean that courts or tribunals have to ignore a judgment of the court and follow circulars of the board ..... is extracted below for easy reference.s.r.o.403/94in exercise of the powers conferred by section 10 of the kerala general sales tax act, 1963 (act 15 of 1963) the government of kerala having considered it necessary in the public interest so to do, hereby make an exemption in respect of the tax payable under section 5a of the said act by the manufacturers of goods mentioned in column (2) of the schedule below with regard to their turnover of purchase of goods mentioned ..... (1a) the board of revenue shall have superintendence over all officers and persons employed in the execution of this act and the board of revenue may, -(a) call for returns from such officers and persons;(b) make and issue general rules and prescribe forms for ..... management .....

Canara Bank and ors. Vs. Appellate Authority and ors.

Court : Kerala

Reported in : (1981)IILLJ189Ker

..... acceptance roll, attendance register or list of workman and staff for the year 1972 is according to the authority, also not a deciding factor because the shops and commercial establishments act does not contemplate that to be an employee his name should be in the said register the bank manager exercises control over the appellant just like in the case of other employees. ..... but we are afraid that the tribunal has not kept in mind the scope of the definition of the expression 'employee' in the act to enter a finding that the second respondent is an employee according to the definition the person claiming to be an employee must be one wholly or principally employed ..... to the counsel for the banks, under the provisions of the banking companies (acquisition and transfer of undertakings; act 5 of 1970, these banks have been established and under the scheme of that act these banks are under the control of the central government and, therefore, the establishments of these banks are ..... passed by the learned single judge and the appellate authority are set aside and the appeal no 13 of 1973 is sent back to the appellate authority for a re-consideration of the question whether the second respondent is ..... the provisions in that act are more or less similar to the banking companies (acquisition and transfer of under takings) act 5 of 1970 in regard ..... of the expression 'establishment' under the central government, the content being that it does not take in the establishment of the nationalised banks.7. .....

Kunnath Textiles Vs. Regional Provident Fund Commissioner

Court : Kerala

Reported in : AIR1959Ker3; (1959)IILLJ510Ker

..... the factory remained the same factory making the same goods and employing the same workers without as much as a aye's interruption and in this connection we might draw attention to section 2(g) of the act which defines a factory as any premises in which a manufacturing process is being carried on, a definition the continued and uninterrupted application of which to the premises in question was in no way affected by the alleged surrender ..... the objection taken on behalf of the commissioner that the petitioner must first get rid of the order passed by the central government in exercise of its powers under section 19a of the act -- no such relief is claimed in the petition and the central government is not a party -- before it can seek to stay the hands of the commissioner seem to us well-founded, but, in the view that ..... on the termination of the lease of the company, the seven brothers formed themselves into a partnership which they called the 'kunnath textiles' and they took over the factory which they continued to run with the same employees (although they now choose to call them new workers) making the same goods and with no change ..... by his letter dated 27-8-1954 on the ground that what had happened was only a mere change in management and not the establishment of a new factory. ..... of its partners, cherukutty, came forward with the present petition under article 226 of the constitution seeking an order prohibiting the commissioner from taking any steps to recover the contributions. .....

R.K.V. Motors and Timbers (P) Ltd. and ors. Vs. Regional Transport Off ...

Court : Kerala

Reported in : AIR1982Ker156

..... the question which arose in jone's case was whether the coal mines order which contained a prohibition on the use of detonators in mines in the contingencies mentioned therein, satisfied the requirement of section 6 of the coal mines regulation act, 1896 which enabled the secretary of state to make such an order. ..... even personal service of the order on the affected person was established in that case, for a copy of the statutory order had been sent by the agent of the colliery to the manager of the colliery who was prosecuted in that case. ..... in the cherian thomas case i have taken the view that section 5 (1) of the act has to be construed as a provision substantial compliance of which is sufficient and that is what is required, and when section 3 (3) is attracted to a particular case and the presumption arises thereunder, the registered owner or the person having possession or control over the vehicle can establish that the motor vehicle in question was not used nor intended to be used nor kept for use on public ..... 884 of 1973 ker lt) :'subordinate legislation will take effect from the date on which it is made and the absence of publication will not invalidate it. ..... gopalan, air 1950 sc 27 to maneka gandhi, air 1978 sc 597, over a period of about 30 years (which period synchronises with that during which there was progress 'towards a comprehensive system of administrative law', in england too, and which lord diplock regarded as 'having been the greatest achievement of .....

State Bank of Travancore Vs. General Secretary, Association of the Sta ...

Court : Kerala

Reported in : (1978)IILLJ305Ker

..... swamy, air 1977 sc 1237, which had stated in reference to the taking over of a well-recognised institution completely by the government for the purpose of management, that it was not merely a taking over of the land and buildings, or the tables and chairs, but it had to be tackled at the same time, as a human problem, involving the fate of teachers and the staff ..... in regard to the scope of its power was certainly not amenable to correction under article 226 of the constitution ; that the statutory finality of the reserve bank's decision both under the provisions of the act and the scheme framed thereunder would preclude interference; and finally, that a settlement dated july 31, 1968, shown at page 88 of the paper book had been effected between the state bank of travancore and ..... (i) the continuance of the services of all the employees of the banking company (excepting such of them as not being workmen within the meaning of the industrial disputes act, 1947 (14 of 1947), are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee bank at the same remuneration and on the same terms and conditions ..... p-2 circular, nor, for that matter, till august, 1973, when alone a representation was made in writing to the reserve bank in pursuance of the directions ..... p-5 dated october 10, 1973, are statements filed before the reserve bank by the persons concerned in the transferor and ..... august 14, 1973 and ..... august 1, 1973, ex. .....