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. .....
Tag this Judgment!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, .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... yield of tea from old tea estates may be qualitatively andquantatively less than the new tea estates quality and quantity of theyield of tea may not only depend upon the age of the tea plants but alsothe quality of the land and thus, the yield both quality or quantitywisewould depend upon several factors, namely, quality of the soil,geographical as well as climate conditions and several other ..... by way of example we may notice that coke produced from a coke-oven plant has specifically been included as a subject matter of tax andthe weight thereof is measured on the basis that one tonne of coke would beequivalent to ..... thus, the owners of the industries like coke-oven plants or coalwasheries which may be set-up either within the precincts of a coal mine oroutside the same, would be subject to payment of tax on their productsalthough carrying out such operations is controlled and ..... a right of extracting mineral is conferred, even if,the mineral comes out of the mine, say while washing coal in a coal washeryor manufacturing coke in a coke plant ('coal washery' and 'coke washingplant' are mines under several parliamentary acts as also orders and rulesgoverning the field) the state would have no right to deal with ..... coke is an industrial product,manufactured in coke-oven plants, some of which are highly sophisticatedones but even such a material has not been exempted from the purview of thestatutory imposts.as any building, factory or standing crops would not come within thepurview of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)BLJR1264; JT2004(5)SC571; 2004(3)SCALE519; (2004)4SCC529
..... be an amount advanced by the central government or the custodian, as the case may be, for the management of a coking coal mine or a coke oven plant during the period in which the management of such mine of plant remained vested in the central government and the central government may make a claim to the commissioner for such excess payment and such claim shall have priority over ..... such form and in such manner as may be prescribed, in relation to each such mine or plant in respect of the transactions effected by it during the period for which the management of such coking coal mine or coke oven plant remained vested in it.provided that where two or more coking coal mines or coke oven plants were owned, before the commencement of this act, by the same owner, a consolidated statement of ..... the government company in which the right, title and interest of the coking coal mine or coke oven plant stands vested shall be entitled to receive, upto the specified date, to the exclusion of all other persons, any money, due to the coking coal mines or coke oven plant, as the case may be, realised after appointed day notwithstanding that the realisations pertain to a period ..... - (1) the central government or the government company, as the case may be, shall cause the books in relation to each coking coal mine or coke oven plant, the management of which has been vested in it under the coking coal mines (emergency provisions) act, 1971 to be closed and balanced as on 30th of april, 1972, shall cause .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... day of october, 1971 under the control of a managing contractor, the amount specified in the first schedule against such coking coal mine or in the second schedule against such coke oven plant shall be apportioned between the owner of the coking coal mine or coke oven plant and such managing contractor in such proportions as may be agreed upon by or between the owner and such managing contractor, and in the event of there being ho such agreement, by such proportions ..... person, or body of persons, who, with the previous consent in writing of the state government has entered into an arrangement, contract or understanding, with the owner of a coking coal mine or coke oven plant under which the operations of the coking coal mine or coke oven plant are substantially controlled by such person or body of persons; the words and expressions used and defined in the act have the meaning, respectively, assigned to them 'unless the context otherwise ..... ' is defined in section 3(n) thus :'3(n) 'owner',-(i) when used in relation to a mine, has the meaning assigned to it in the mines act, 1952; (ii) when used in relation to a coke oven plant, means any person who is the immediate proprietor or lessee or occupier of the coke oven plant or any part thereof or is a contractor for the working of the coke oven plant or any part thereof;'section 2(1) of the mines act, 1952 reads as follows:(1) 'owner', when used in relation to a mine, means any person who is the .....
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