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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

..... to the nationalised coking coal mines or as were identified as located near the nationalised coking coal mines, leaving out all other coke oven plants.the nationalisation of the coking coal mines and the coke oven plants was 'with a view to reorganising and reconstructing such mines and plants for the purpose of protecting, conserving and promoting scientific development of the resources of coking coal needed to meet the growing requirements of ..... the increasing future demands of the iron and steel industry are to be met by the nationalised coke oven plants and demands of other industry are to be met by the non-nationalised and new coke oven plants that the iron and steel industry is not now utilising the hard coke produced by the nationalised coke oven plants is not material since the industry is expected to expand, its requirements of hard coke are expected ..... the owner of the coking coal mines specified in the first schedule, and the right, title and interest of the owners of such coke oven plants as are in or about the said coking coal mines with a view to reorganising and reconstructing such mines and plants for the purpose of protecting, conserving and promoting scientific development of the resources of coking coal needed to meet the growing requirements of the ..... to provide for the future, we do not see what difference it makes if in the past or in the present, the hard coke produced by the nationalised cocking coal mines is diverted elsewhere than the iron and steel industry. .....

Sree Jagadamba Coke Mfg. Enterprises and ors. Vs. Union of India (Uoi) ...

Court : Kolkata

Reported in : AIR1989Cal337

..... the judgment passed by the learned trial judge to the effect that cil and its subsidiaries including bccl, would ensure equitable distribution of coal to all the coke oven plants situated in different belts and for such equitable distribution they should distribute the available coal of suitable grades to the cokeries on pro rata basis irrespective of any special agreement or ..... various grades of coal from time to time and it would be only desirable to indicate in the order which we hereby do that the scheme or guidelines for distribution of coal to coke oven plants under the order passed in these proceedings will be subject to any order of distribution that may be passed by the appropriate authority under any appropriate statute authorising such authority to issue directions on ..... been established by any of the parties for favourable, discriminatory and differential treatment the agreement and/or direction or order to supply different grades of coal from various collieries to such coke oven plants should be set aside, in such view of the matter, the learned trial judge disposed of the writ petitions, inter alia, giving various directions as to how and in what ..... judge has also held that even assuming that the bccl had entered into such arbitration agreement and thereby created rights in favour of some of the coke oven plants to obtain coal from nine specified collieries, the question requires serious consideration as to whether or not any agency of the state can allocate more suitable .....

Konark Met Coke Ltd. Vs. Commr. of Cus. and C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... of the project and before commencement of manufacturing operation, they applied for registration to the range superintendent on 12.1.1998 enclosing a copy of the ground plan of the factory, consisting of the coke oven plant and the captive power plant, the captive power plant of the appellant is not situated within the same premises but is situated on the appellant's own plot within the premises m/s. ..... they applied for registration, as a manufacturer, under rule 174 of the erstwhile central excise rules, 1944 along with the ground plant of the factory showing the coke oven plant, to manufacture inter alia the following excisable goods falling under chapter 27 and 31 of the ceta, 1985: 3. ..... crores belong to the appellant and that the power generated in the said plant is meant for use by the appellant in its own coke oven plant in the manufacture of various final products as mentioned in the registration certificate ..... present case, the application for registration filed on 12.1.1998 was disposed of by the range superintendent indicating therein the names of various final products to be manufactured by the appellant, even though the coke oven plant and the power plant were existing within the premises of ninl. ..... during the project period of its coke oven plant and the power plant, various capital goods falling within the purview of the definition of capital goods as per rule 57q were procured on payment of duty and declarations under rule 57d was filed and acknowledge by the .....

Bharat Coking Coal Ltd. Vs. Shri Parmeshwar Kumar Agarwala and anr.

Court : Supreme Court of India

Reported in : (1979)3SCC609; 1979(11)LC112(SC)

..... we could hardly appreciate the submission but the justification for putting forward such a farefied distinction as a serious argument is derived from the definition of mine in section 3(j)(x) of the act, section 3(b) defines coke oven plant to mean: section 3(b) : coke oven plant' means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on, and includes -(i) all lands, buildings, works machinery and equipment, vehicles, railways, tramways and sidings, belonging to, or ..... belonging to the coke oven plant, (iv) all power stations belonging to the coke oven plant or operated for supplying electricity for the purpose of working the coke oven plant or a number of coke oven plants, (v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on, (vi) all other fixed assets, movable or immovable, and current assets belonging to ..... in, the coke oven plant, (ii) all workshops belonging to the coke oven plant, including buildings, machinery, instruments, stores, equipment of such workshops and the lands on which such workshops stand, (iii) all coke in stock or under production, and other stores, stocks and instruments, .....

The Industrial Development Corporation of Orissa Ltd. and anr. Vs. Utk ...

Court : Orissa

Reported in : AIR2004Ori63; 2004(3)ARBLR313(Orissa)

..... said notice, the respondent approached the district judge, khurda under section 9 of the act with a prayer for interim protection by way of restraining the appellants from taking over possession/operation of coke oven plant set up by the respondent over the lease-hold land of the appellants situated at barbil and for other consequential reliefs.4. ..... expressing any opinion with regard to the rights of the parties, i feel ends of justice and equity would be better served if the coke oven plant is permitted to function, as otherwise the entire plant will be damaged and become a junk by the time the disputes are settled. ..... submitted that the respondent has invested seven crores of rupees for setting up the coke oven plant whereas idcol has only contributed eleven lakhs. ..... 2 would provide land for establishing the coke oven plant and also supply coal and the respondent, in return, would make necessary production and supply coke to appellant ..... district judge relying on different clauses of the agreement and other documents by the impugned order dated 23-12-2002 held that the coke oven plant should be preserved in the interest of both the parties until redressal of the dispute by the arbitration tribunal and the appellants were restrained from taking over possession, management and operation of the coke oven plant till then.5. mr. ..... sufficient and effective supply of 'coke' it was felt necessary to make permanent arrangement by setting up a coke oven plant within the premises of appellant no. 2. .....

East India Coal Company Limited Vs. East Bulliaree/Kendwadih Colliery ...

Court : Supreme Court of India

Reported in : AIR1987SC1428; JT1987(1)SC599; 1987(1)SCALE481; (1987)2SCC124; [1987]2SCR484; 1987(1)LC729(SC)

..... as he may think fit, the amount of money available with him and specify in such notification a date within which the owners of the coking coal mines or coke oven plants, the managing contractors and the owners of any machinery, equipment or other property which was vested in the central government company under this act and which does not belong ..... out of the amount payable-(a) under section 10 and section 12 to the owner of every coking coal mine or group of coking coal mines; (b) under section 11 and section 12 to the owner to every coke oven plant,there shall be paid to every person employed by such owner a sum equal to the amount of arrears due, on the appointed day, to such employee,-(i) in relation to a provident fund, pension fund; gratuity ..... of section 4 and section 5, there shall be given by the central government in cash, to the owner of every coking coal mine specified in the first schedule of the owner of every coke oven plant specified in the second schedule, an amount equal to the amount which would have been, but for the provisions of the said section 4 or section 5, as the case may be, payable to such ..... sub-section (1), there shall be given by the central government, in cash, to the owner of every coking coal mine specified in the first schedule and the owner of every coke oven plant specified in the second schedule, simple interest at the rate of four per cent, per annum on the amount specified against such owner in the corresponding entry in the fifth column of .....

State of Bihar Vs. Tata Iron and Steel Co. Ltd.

Court : Supreme Court of India

Reported in : AIR1995SC1170; JT1995(3)SC479; 1995(1)SCALE792; (1995)2SCC4; 1995Supp(2)SCC4; [1995]2SCR102

..... the definition of the central order not only means any mine or open working where the getting of coal is the principal object of the mining, quarrying or other operations carried on therein but includes a plant for the production of coke or for the washing of coal in view of the inclusive definition, coke oven plant and coal washeries are also collieries within the meaning of that order.9. ..... learned counsel for the state of bihar has vehemently contended that the coke oven plants of the company having been constructed within the factory premises at jamshedpur, it cannot be considered to be a part of the coal mine and as such cannot come within the definition of 'colliery' ..... as under :for the reasons given in black diamond case, it must be held that to the coke oven plant at jamshedpur, the central order applies and the unification order shall have no application.5. ..... according to the company, it owns captive 'coking coal mines' - has also installed 'coke oven plants' within the factory premises - and as such such it comes within the definition of 'colliery' under the colliery control order, 1945 (the order) promulgated by the ..... comes within the definition of 'coal' under the order and is subject to control by the central government authorities, the coke oven plants which produce hard coke have been rightly included in the definition of 'colliery'. ..... submitted that the word 'include' in the context mean only such coke oven plant which is near the vicinity of a coal mine and shall be a .....

Bharat Coking Coal Ltd. Vs. Karam Chand Thapar and Bros. Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : JT2002(9)SC267; (2003)1SCC6

..... for a proper acquisition of the properties in question, i am thus of the view, that the ownership of the coking coal mine or coke oven plant, would have to be established, before taking over possession and such fact has not been duly satisfied or established in this case as yet and that too in view of the specific exceptions as taken.'9. ..... single judge in fine observed:'.....but the said term should be read, viewed and considered in the perspective of the provisions of the said 1972 act, which as mentioned above, deal with coking coal mines or coke oven plants and is further subject to the extent of properties or components as mentioned in section 3(j) and its sub-clause. ..... resources of coking coal being a need to meet the growing requirements of iron and steel industry and for that matter connected therewith or incidental thereto, the right, title and interest of the owners of such coke oven plants have vested in the central government w.e.f. ..... (j)(vi)-all lands, buildings, works, adits, levels, plants, machinery and equipments, vehicles, railways, tramways and sidings belonging to or in, or about a mine. .....

Bharat Coking Coal Ltd. Vs. Steel Abrasers and Allied Products Ltd.

Court : Supreme Court of India

Reported in : AIR1995SC247; JT1994(6)SC282; 1994(4)SCALE100; [1994]Supp3SCR118

..... appeal, submitted that when note 10(1) clarified that the prices fixed under the notification were applicable to sale at 'pit heads, they would, as regards coke necessarily refer to sale at the 'coke oven plant, since the coke as prescribed in the plant, was required to be properly handled to attain the specification of foundry coke as laid down by isi, the appellant could legitimately demand handling charges besides the notified price, in terms of note 14, ..... excavated from the earth, coke is the processed product of coal obtained by indirect heating in beehive ovens and bye product ovens which are commonly known as 'coke oven plants'. ..... applicable to sale of coal at pit heads and not of coke at coke oven plants. ..... did not dispute that as regards coke pit heads as referred to in note 10(1) would mean coke oven plants. ..... the exercised so undertaken by the appellant to screen the run-of-the plant which has an unspecified size distribution to get the extra large size, specifically earmarked for foundry would certainly be one for special sizing ..... to be supplied foundry hard coke, which had a specified sized, it had to put in some extra work and effort like shifting and sizing after production of the coke in the plant, and that necessarily meant extra expenditure. ..... the following conclusions :(i) the central government may, be gazette notification, fix the sale price for different grades and sizes of coal and coke and for different collieries, including plants for the production of coke. .....

Carl Still G.M.B.H. and anr. Vs. the State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1961SC1615; [1962]2SCR81; [1961]12STC449(SC)

..... states that the owner had agreed with the contractor that the latter was to set up a complete coke oven battery ready for production as well as by-products plants according to specifications given therein, that the installation was to be made at a site selected by the owner and that the contractor was to 'erect and construct buildings, plants and machineries and deliver and supply accessories and articles from germany and also locally from india ..... that they are not liable to be taxed in respect of the transaction dated december 19, 1953, because it is not a sale within the meaning of the bihar sales tax act, 19 of 1947, but is a contract to assemble and install machinery, plants and accessories of a coke oven battery and other plants which under the principle of the decision of this court in the state of madras v. ..... the owner agrees that after the coke oven and by-products plants have been constructed according to the agreed terms, the contractor will be entitled to remove from the site their tools, tackles, machines, packing materials, protection roof and other materials as are surplus to the requirements of the normal operation of the coke oven and by-products plant provided that no claim for increased cost is made in respect of anything so removed.' 13. ..... , hereinafter referred to as the owner, for assembling and installing machinery, plants and accessories for a coke oven battery and by-products plant at sindri in the state of bihar for an all-inclusive price of rs. .....