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Judgment Search Results Home > Cases Phrase: coking coal mines nationalisation act 1972 section 1 short title and commencement Page 16 of about 1,600 results (0.278 seconds)

Feb 26 2014 (HC)

M/S. Shivraj Fine Art Litho Works and Others Vs. the State of Maharash ...

Court : Mumbai Nagpur

..... not the market value. the learned in-charge government pleader in this respect relies on the judgments of the apex court in sanjeevcoke manufacturing company vs. m/s. bharat coking coal limited and another {(1983) 1 scc 147}, maharashtra state electricity board vs. thana electric supply co. and others {(1989) 3 scc 616}, state of maharashtra and ..... this effect in the act is fully supported by the undisputed facts mentioned in the statement of objects and reasons and the preamble. the alternative to the nationalisation of this industry in the manner it is done by this act is liquidation and unemployment of all the employees of the undertaking. the act ensures continuance ..... under article 31c of the constitution. the observations of apex court in paras 43, 44 and 48 are relevant, which read thus : 43) the idea of nationalisation of a material resource of the community cannot be divorced from the idea of distribution of that resource in the community in a manner, which advances common good. .....

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Nov 10 2003 (HC)

Guru Pada Ghosh Vs. Presiding Officer, Central Govt. Industrial Tribun ...

Court : Jharkhand

Reported in : [2004(101)FLR217]; [2004(1)JCR66(Jhr)]

..... . mr. m.k. laik, learned counsel for the petitioner, submitted that in view of the decisions of supreme court in the case of the workmen v. bharat coking coal limited, reported in 1978 lic 709; and full bench of patna high court in, agent murlidhar colliery of b.c.c.l. v. shital chandra pathak and ors ..... loyabad colliery, after due enquiry was dismissed on 6.4.1968 on the charge of defalcation of money, belonging to the cooperative stores of the colliery. under the coal mines nationalization act, 1973 ('nationalization act' for short), the colliery was nationalized. it appears that a criminal case was also instituted against the petitioner regarding the said ..... s sub-section (4), section 14 stood substituted with effect from 1.5.1973 as follows :'14. liability of officer or other employee of a coal mine for transfer to any other coal mine. notwithstanding anything contained in the industrial disputes act, 1947 (14 of 1947) or in any other law for the time being in force, the services .....

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Sep 09 2010 (HC)

Rahul Industries Vs. Union of India

Court : Allahabad

..... the competent authority shall be necessary for the purpose of this order in respect of: (i) coking coal, semi-coking coal and weakly coking coal, hard coke and soft-coke; (ii) coal produced in private coal mines meant for captive consumption; and (iii) such grades of non-coking coal as the central government may, by notification in the official gazette, specify." 17. a perusal of the aforesaid clause - 12a discloses that the power ..... is vested in the central government to allot quota of coal to a person or class of persons .....

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Sep 19 2019 (SC)

Union of India Vs. Tarsem Singh

Court : Supreme Court of India

..... material resources of the community are so distributed as best to subserve the common good; xxx xxx xxx an interesting discussion is contained in sanjeev coke manufacturing company vs bharat coking coal ltd. & anr (1983) 1 scr1000at pages 1023 to 1025, on the scope of the expression material resources of the community and the expression ..... of the compulsory acquisition of the undertaking, the licensee was given a solatium of 10% of such book value. importantly, this court, after holding that nationalisation would come within the expression distribution for the purposes of article 39(b), engrafted another test when legislation claims the protection of article 31-c. the court ..... 735. also, in maharashtra state electricity board vs thana electric supply co. (1989) 3 scc616 at para 43, this court said: 43. the idea of nationalisation of a material resource of the community cannot be divorced from the idea of distribution of that resource in the community in a manner which advances common good. .....

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Aug 07 2013 (HC)

A. Raja Murali Vs. M/S. Singareni Collieries Company Limite

Court : Andhra Pradesh

..... petitioner except the decision reported in b. komaraiah's case (2 supra).learned counsel for the respondent-company has relied on a decision reported in g.m.bharat coking coal limited., west bengal v. shib kumar dushad (6 supra).in that case, the case of the respondent was that he was an employee of a private colliery ..... has no knowledge with regard to mentioning of his age as 25 years at the time of his appointment. according to the petitioner, he passed examinations under coal mine regulations of 1957 and obtained shot firer certificate and sirdar certificate on 07.08.1974 and 03.03.1976 respectively, wherein his date of birth was mentioned by ..... register, which was not communicated to him at any point of time. his further case is that during his service, he passed various examinations under the mines act and under coal mines regulations 1957 and obtained shot firer's certificate, sirdar certificate and overman's certificate and in all the said certificates his date of birth was mentioned .....

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Feb 21 2015 (HC)

Ram Kumar Lal Vs. State of Jharkhand and Anr.

Court : Jharkhand

..... alleged that when the forester, chandankiyari inspected the place of occurrence situated at amlabad it was found that m/s. bccl (bharat coking coal ltd.) was carrying underground mining works for extraction of coal since long and in this regard information was sought for from the project officer, amlabad vide letters dated 12.3.2001 and 5. ..... report was submitted against three accused persons including the petitioner in his capacity as director (technical) of m/s. bccl (bharat coking coal ltd.), dhanbad. it is also an admitted fact that underground mining activities were being carried out by m/s. bccl beneath the forest area since long. so far as the allegation made in ..... m/s. bccl was carrying out underground mining activities over a substantial area of the forest land and such activities on the part of the company was in violation of the provisions of the forest act and the petitioner being the director (technical) of m/s. bccl (bharat coking coal ltd.), dhanbad cannot be absolved of his .....

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Apr 11 1980 (SC)

Dejapada Das and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC2031; (1980)3SCC412; [1980]3SCR586; 1980(12)LC691(SC)

..... are we prepared to accept the naive case that the petitioners' employers can be regarded as deemed custodians under section 5. we may read section 5 of the coal mines nationalisation act, 1973.5. power of central government to direct vesting of rights in a government company :-(1) notwithstanding anything contained in sections 3 and 4, the central ..... disapprove of that conduct we make it perfectly plain that there will be no more sanction for any receiver or other officer of court to extract coal or coking coal from any mine in india. section 3(3) of the 1976 act being mandatory and having been held constitutional by this court, it is no longer permissible ..... appoint a receiver or otherwise permit extraction of coal or coking coal. we vacate all interim orders forthwith. 12. it may be fair to the learned attorney general, whose hunch we share to state that this wealth of 'workers' writ petitions is a kind of litigative puppetry, the illicit mine exploiters being the puppetteers and those who .....

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Aug 25 2014 (SC)

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

..... captive end uses to be notified from time to time and to allow the private sector to set up coal washeries, it is considered necessary to amend the coal and coal mines (nationalisation) act, 1973. the coal mines (nationalization) amendment bill, 1992 seeks to achieve the aforesaid objectives. 37. section 3 of the cmn ..... , vide circular dated 12.12.2001, the central government, reviewing its earlier policy, allowed the state government companies or undertakings to do mining of coking and non-coking coal or lignite reserves either by opencast or underground method, anywhere in the country, subject to the conditions set out therein. under the revised ..... policy, the state government company/undertaking was permitted to mine non-coking coal and coking coal reserves or lignite by opencast/underground method without the restriction of isolated small pockets . having carefully examined the circular dated 12.12.2001 .....

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Mar 31 1989 (SC)

Kali Prasad Agarwall and ors. Vs. Bharat Coking Coal Limited and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1531; JT1989(3)SC170; 1989(1)SCALE852; 1989Supp(1)SCC628; [1989]2SCR283; 1989(2)LC218(SC)

..... firstly, that the disputed land formed part of north bhuggatdih colliery which had vested in the central government and thereafter in the company under the provisions of the coal mines (nationalisation) act, 1973, secondly, that the interest claimed by the plaintiffs automatically stood extinguished with the vesting of the estate of the plaintiffs' lessor, by reason of ..... decree of the trial court is liable to be set aside.6. as to the nature of the suit property and the scope and effect of the coal mines (nationalisation) act, 1973, the high court on an appraisal of the oral and documentary evidence led by both the parties said:i would, therefore, prefer their ..... or situated on the surface of, the mine where the washing of coal obtained from the mine or manufacture, therefrom, of coke is carried on.xxx section 3, so far it is relevant, reads ; (1) on the appointed day, the right, title and interest of the owners in relation to the coal mines specified in the schedule shall stand transferred .....

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Sep 01 1982 (HC)

In Re: Ram Badan Choubey and anr.

Court : Kolkata

Reported in : 1982CriLJ1960

..... calcutta in title suit no. 436 of 1979; that as receiver the petitioner moved an application under article 226 of the constitution challenging the validity of the coal: mines (nationalisation) amendment act 1976 on 29-2-1980 and obtained an interim order restraining the respondents from interfering with the work of the said colliery in any manner ..... commission of a crime. we make it perfectly plain that there will be no more authorisation for any receiver or other officer of court to extract coal or coking coal from any mine in india. section 3(3) of the 1976 act being all inclusive and having been constitutionally upheld by this court, it is no longer ..... paragraph 9).' these observations have been made in disposing of a batch of writ petitions claiming right to extract coking coal on the ground that the prohibition contained in the act of 1976 does not affect or operate on coking coal mines. reference has also been made to similar observations of the same learned judge in deja pada das v. .....

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