Court : Supreme Court of India
Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000
..... already nationalised under the coking coal mines (nationalisation) act are left out of the coal mines (taking over of management) act and the coal mines (nationalisation) act, 1973. of course, coke oven plants situated away from the mines are not touched by either the coal mines (nationalisation) act, 1973 or the coking coal mines (nationalisation) act, 1972.7. the final result of these statutes is that all coal mines known to exist in the country are nationalised, whether they are coking coal mines or non-coking coal mines .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR298(Jhr)]
..... learned counsel appearing for the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a registered deed giving some right over the lease hold area ..... and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999, when forest official directed the chief ..... stated herein.3. or 26.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 900 mt from the ghanudih protected forest area. thereupon the opposite parly no. 2 filed a prosecution report. upon which the case .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR544(Jhr)]
..... of the court below on the ground that the learned court below had committed serious error of law in misconstruing and misreading the provisions of the coking coal mines (nationalization) act and that the learned court below had failed to frame relevant issue on the basis of the pleadings of the parties including the ..... dues. further pleadings of the contesting defendants was that the plaintiff-bank has filed his claim before the commissioner of payments in accordance with the provisions of coking coal mines (nationalization) act, 1972 and, therefore, the bank could not simultaneously resort to filing its claim by way of civil suit.4. on the basis of ..... the instant case. this plea of the appellant is also not tenable.15. section 23 of the coking coal mines (nationalization) act, 1972 contains provisions wherein parties having any claim against the erstwhile owner of a coal mine which has vested under the provisions of nationalization act, may prefer a claim before the commissioner of payments .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)
..... by the central government, in the public interest, of the management of 214 coking coal mines and 12 coke oven plants, including the coal mines in question, pending nationalisation of such mines. the ordinance was replaced by the coking coal mines (emergency provisions) act, 1971. thereafter, parliament enacted the coking coal mines (nationalisation) act, 1972 to complete the process of nationalisation of the coking coal mines and coke oven plants. it was entitled as 'an act to provide for the ..... acquisition and transfer of the right, title and interest of the owners of the coking coal mines specified in the .....
Tag this Judgment!Court : Patna
..... 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 specified in the first schedule stood transferred to ..... in which these workmen were working till june 9, 1971. by operation of section 4 of the nationalisation act, the right, title and interest of the owners in relation to the coking coal mines stood transferred to and vested in the central government, free from all encumbrances. by the said act .....
Tag this Judgment!Court : Delhi
Reported in : 47(1992)DLT1; 1992(22)DRJ476
..... , 1990 passed by the 7th additional district judge, dhanbad in miscellaneous case no.54 etc. of 1985 where by the right of the petitioners to claim management compensation under the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the 'act') was rejected on the ground that on-the date of vesting, the petitioners were neither the owners nor occupiers rather they were ..... for compensation as owner of the ganhcodih colliery in accordance with law. (4) the coal mines were nationalised by the coking coal mines (nationalisation) act, 1972. under this act, the mines vested in the government with effect from 1st may, 1972. the act contains a schedule showing the various mines which come under the nationalisation scheme. the mines involved in this petition is shown as seriall no. 156, namely, ganhcodih, in .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR133(Jhr)]
..... learned counsel appearing for the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a registered deed giving some right over the lease hold area ..... and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999. when forest official directed the chief ..... be stated herein.on 28.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 700 mt from the ghanudih protected forest area. thereupon the opposite party no. 2 filed a prosecution report. upon which the case was .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom168
..... proprietor or lessee or occupier (excluding liquidator, receiver or managing agent) of the coal mine and not mine for the purposes of the said act. the reason is that we are concerned with the nationalisation of coal mines and not mines. we have also in the field the coking coal mines (nationalisation) act, 1972, which also looks to the coal mines (conservation, safety and development) act, 1952, for the definition of the word ..... 'owner'.48. section 8 of the said act makes provisions for payment of amount to owner of every coal mine or group of coal mines specified in the second column .....
Tag this Judgment!Court : Patna
..... right, title and interest of the plaintiff and his predecessor-in-interest over the suit property vested in the central government by operation of the coking coal mines (nationalisation) act, 1972, coal mines (nationalisation) act, 1973 and other corresponding acts? if so, whether the plaintiff has got any valid right, title and interest in such properly for ..... title and interest of the plaintiff and his pred-ecessors-in-interest over the suit property vested in the central government by the operation of the coking coal mines (nationalisation) act, 1972 and/or any other corresponding act? but the aforesaid judgment was set aside by the order dated 30-10-1998 in an appeal ..... of khata nos. 1 and 2 of village durgapuralong with the suit land vested in the central government by the operation of the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the 'nationalisation act'). according to the defendant, the land of khata no. 1 originally belonged to one p.o. hamir & co. .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT60(HC),[1999(81)FLR52],(1999)ILLJ828Cal
..... pathak, reported in 1986 pljr 1168. in that case also, upon consideration of the provisions of sections 9 and 17 as also the provisions of the coking coal mines (nationalisation) act, as also provisions of section 4 of the payment of gratuity act. sandhawlla. c.j, speaking for the bench stated:'equally worthy of notice ..... an award has been made by the industrial tribunal, would continue to be governed by the nationalisation act. in that case, the apex court was considering the provisions of sections 9 and 17 of the coking coal mines nationalisation act, which are in part materia with the provisions of the said act. the apex court ..... hereinafter referred to as the said act), whereby and whereunder the undertaking of the aluminium corporation of india limited (hereinafter called as aluminium corporation) was nationalised. the aforementioned nationalisation was made for giving effect to the policy decision as laid down under article 39(6) of the constitution of india. according to the writ .....
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