Court : Chennai
Reported in : AIR1974Mad76
..... according to him being a matter of course have not been taken into account. in this connection the learned counsel referred to certain passages in the bank nationalisation case in , which are as follows:--"(108) goodwill of a business is an intangible asset; it is the whole advantage of the reputation and connections formed ..... in providing compensation.7. before dealing with the several contentions put forward it is necessary for us to set out the various statutory enactments relating to nationalisation. in 1969 chapter iva being the special provision relating to state transport undertaking was introduced in the motor vehicles act 1939 which gave power to the ..... article 39(b) and (c) of the constitution seeking to promote a socialist order in keeping with the advancement of science and technology and further to nationalise the commanding heights of the economy without providing for a distribution of the property acquired to anyone for securing the common good while factually there is no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... . some of these fundamental right are said to have the texture of basic human rights (see a.k. gopalan's case (supra) at pp. 96-97, 248-293 and bank nationalisation case (supra) at pp. 568-71, 576-78).articles 21 reads as follows:perfection of life and personal liberty:no person shall be deprived of his life or personal liberty .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... insurance act, 1948 centralwhich a manufacturing process is act (34 of 1948)being carried on with the aid ofpower or is ordinarily so carriedon but excluding a mine, subjectto the operation of the mines act1952 (central act 35 of 1952) or arailway running shed or anestablishment which is exclusivelyspecified in clause (12) ofsection 2 of the employees' stateinsurance act ..... of which a manufacturing process is being carried on without the aid or power or is ordinarily so carried on,but does not include a mine subject to the operation of the mines act, 1952 (35 of 1952) or a railway running shed;the above definition shows that in the case of a premises where manufacturing process ..... the aid of power, or is the areas where the scheme hasordinarily so carried on; but already been extended with effectexcluding a mine subject to the from the midnight of march 29,operation of the mines act, 1952 1975 vide notification no.(central act 35 of 1952), or a 2287/e2/73/lbr dated march 22,railway running .....
Tag this Judgment!Court : Chennai
Reported in : 2007(2)CTC369
..... for transporting raw materials and products. already new ennore port has started making the railway line.new ennore part now being developed along the bay of bengal for import of coal for the nnmtpp can be advantageously used by the proposed units of the petrochemical park in future. this port site is very close to the proposed project site. though there ..... west bengal v. union of india : [1964]1scr371 . in that case, the state of west bengal filed a suit against the union of india challenging the constitutional validity of the coal bearing areas (acquisition and development) act, 1957, on the ground that the act to the extent it applied to the land vested in or owned by the state was beyond .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)
Ranganath Misra, C.J.1. I entirely agree with my noble and learned Brother Venkatachaliah and hope and trust that the judgment he has produced is the epitaph on the litigation. I usually avoid multiple judgments but this seems to be a matter where something more than what is said in the main judgment perhaps should be said.2. Early in the morning of December 3, 1984, one of the greatest industrial tragedies that history has recorded got clamped down on the otherwise quiet township of Bhopal, the capital of Madhya Pradesh. The incident was large in magnitude - 2,600 people died instantaneously and quite a good number of the inhabitants of the town suffered from several ailments. In some cases the reaction manifested contemporaneously and in others the effect was to manifest itself much later.3. Union Carbide Corporation ('UCC for short), a multi-national one, has diverse and extensive international operations in countries like India, Canada, West Asia, the Far East, African countries, L...
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)ALLMR201; 2003(5)BomCR790; 2003(4)MhLj50
R.M.S. Khandeparkar, J.1. Heard the learned Advocates for the parties. Rule. By consent, the rule is made returnable for the with.2. The petitioners are challenging the judgment and order dated 2-5-2002 passed by the Appellate Bench of the Small Causes Court at Mumbai in Appeal No. 600 of 2001 whereby the appeal filed by the petitioners against the order of the trial Court has been dismissed. The trial Court by its judgment and order dated 28-8-2001 had decreed the suit filed by the respondents and had directed the petitioners to deliver vacant and peaceful possession of the suit premises, comprising of Flat No. 7, situated on the 4th floor in a building known as Kalpataru Apartments Co-operative Housing Society Limited, 39th Peddar Road, Mumbai-400026. The said decree was passed in a suit filed by the respondents on the ground that under the agreement of leave and licence dated 11-8-1970, the petitioners were allowed to occupy the suit premises in consideration of compensation to the ...
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR502; 1987MhLJ748
..... petitioner has taken the contract of transporting coalformkamptee inder colliery of the western coalfields near kanhan to the loradi state electricity board. it had to transport approximately 150 trucks of coal every day formkamptee colliery to koradi power station. the road on whichthese trucks ply passes through thearea kampttee cantomnet board as wellas kamptee municipla council. it is a part of ..... v.a. mohta, j.1. by this petition m/s, vidarbha coal supply company, 3 trasporter had challenged the validity of the transit fee charges imposed by respondent noi. 2 cantonment board kamptee unde its octroi bye-laws 1986 framed by virtue .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3021; [2007(4)JCR126(SC)]; JT2007(10)SC272; 2007(10)SCALE209; (2007)8SCC279; 2008(1)SLJ282(SC)
..... whether a writ of mandamus could be issued against the management of hcl. learned single judge relying on the division bench in an identical matter pertaining to bharat coking coal limited dismissed the writ petition of the appellants. this issue was examined in an analogous writ petition and in the aforesaid case, this issue was extensively considered ..... government secondary schools (taking over of management and control) act, 1981 (hereinafter to be referred to as the 'act'). a counter affidavit was filed by the bharat coking coal limited (hereinafter to be referred to as bccl) that the present ram kanali school was not owned by the said bccl and the school was run by the managing ..... division bench further held that bccl is not an instrumentality of the state as per section 617 of the companies act as its dominant function is to raise coal and sell and imparting education is not its dominant function. the division bench further held that the plea that a direction may be issued to the state .....
Tag this Judgment!Court : Delhi
Reported in : 139(2007)DLT578
..... by the appropriate government, by notification but does not include any building or other construction work to which the provisions of the factories act, 1948 (63 of 1948) or the mines act, 1952, (35 of 1952) apply;(e) 'building worker' means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical ..... well. one such decision is that of the constitution bench of the hon'ble supreme court in hingir-rampur coal co. ltd. v. state of orissa : [1961]2scr537 . the challenge was to the cess levied by the orissa mining areas development fund act, 1952. the petitioners there contended that the cess levied was not a fee but a ..... duty of excise on coal and hence beyond the legislative competence of the state. in the alternative it was contended that even assuming .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659
..... be alive to the long and gruelling struggle which british judges had to put up against the monarch and the sacrifices that strong willed judges like sir edward coke had to make to realise the dream of an independent judiciary, independent from all including the executive and the legislature. let their sacrifices not go in vain ..... of any particular coterie or privileged class or group of people. to say differently, it is neither inheritable nor a matter patronage.325. the above view of mine regarding the inadequate representation of various sections of people is neither illusory nor imaginary but is the actual and real existing fact and it is fully fortified by ..... 1916) a.c. 610 the judicial committee of privy council interpreted the word 'government' to mean as minister incharge on the basis of an established convention. in british coal corporation v. the king (1935) a.c. 500 the judicial committee of privy council noticed the convention that his majesty in council was bound to give effect to .....
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