Court : Kerala
..... down in paragraph 25:"5. shri ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the w.a. no. 250 of 2011 -:98. :- ultimate analysis, we are not really to concern ourselves .....
Tag this Judgment!Court : Kerala
..... ownership of the resources must vest in the community i.e. the state. a legislation such as the coking coal mines (nationalisation) act may be a legislation for the acquisition by the state of coking coal mines and coke oven plants belonging to private parties but it is not a legislation towards securing that the ownership and ..... it means and includes all resources, natural and man-made, public and private-owned.22. in view of the foregoing discussion, we hold that the coking coal mines (nationalisation) act, 1972 is a legislation for giving effect to the policy of the state towards securing the principle specified in article 39(b) of the ..... shri ashoke sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal limited and commented severely on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT65
..... 1983 sc 239:shri ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with the hollowness or the self-condemnatory nature of .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... though some observations were made, which could only be treated as obiter, that judgment itself shows that what came up for consideration therein was only whether the coking coal mines (nationalisation) act, enacted under article 39(b), was immune under article 31c from attack on ground of violation of articles 14 or 19,7. a division bench ..... and what came up for consideration in that case was only the correctness of a division bench decision in bharat coking coal ltd. v. p.k. agarwala 1979(3) scc 609 holding that term 'coking coal mine' does not include a coke oven plant and whether the act challenged therein was saved by article 39(b) or not. according to them, ..... 1983-sc-239 (supra). that was the view taken in the decision in bapuji educational association v. state (air) 1986 karnalaka 119 (supra) also. 8. sanjeev coke's case (supra) could not and did not overrule minerva mills case(supra). a constitution bench of five judges cannot overrule another decision of a constitution bench of the .....
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..... sub-sections (1) and (2) of section 3 of the essential commodities act, 1955 (central act 10 of 1955) read with the orders of the government of india, ministry of mines and fuel no. s.o.3524 dated the 13thnovember, 1962, published at page 3842 of part ii, sub-section (ii) of section 3 of the gazette of india dated the ..... was advanced before the supreme court in state of orissa v. tulloch and co. (air 1964 sc 1285). in that case the constitutional validity of certain provisions in the orissa mining areas development fund act, 1952. which empowered the state government to levy acess or a fee on all extracted minerals for the development of the ..... mining areas was questioned on the ground that the said provisions were repugnant to s.18(1) of the mines and minerals (regulation and development) act, 1957. this section only empowered the central government to take all steps as may .....
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V. Raja Vijayaraghavan, J. 1. The life of Gopakumar, a 23 year old canteen supervisor working at the canteen attached to the Westfort Hi-Tech Hospital at Thrissur, was snuffed out at 8.p.m on 12.01.2003. The appellant, who was working as a supplier in the same canteen, was charged for having committed the crime. He was tried by the Additional Sessions Judge, Thrissur, (Fast Track Court - No.II - Ad hoc) for having committed offence punishable u/s 302 of IPC and as per judgment dated 10.07.2009, was found guilty and was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- with a default clause. The above finding of guilt, conviction and sentence is challenged in this appeal. 2. A brief resume of the prosecution case is as follows :- Deceased Gopakumar and the appellant were working in the canteen attached to the Westfort Hi-Tech Hospital, Ponkunnam Trissur. While the deceased was working as a supervisor, the appellant was the waiter. Their relationshi...
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..... dissatisfaction. the question involved in this matter is not one of mere competence. it involves justice and fairness too. having regard to all aspects of the matter, the nationalised banks have tried to be fair and just insofar as the question of age of retirement is concerned. we cannot say in the circumstances that the bank's attitude ..... by us in lic v. s.s.srivastava. in dr nikhil bhusan chandra v. union of india similar regulations framed by the united commercial bank which was also nationalised under the act came up for consideration before the high court of calcutta. the high court rejected the theory of discrimination put forward on the basis that fixing ..... v. chief manager, central bank of india and others). in the said case, different age of superannuation was fixed for employees who were inducted prior to bank's nationalisation on 19.07.1969 and those inducted after that date. it was challenged on the ground of violation of articles 14 and 16. relevant rules were extracted in .....
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..... >50 ha of 50 ha of sum total of the mining lease in mining lease respect of coal 5 area of the said mine ha of mining project or lease area in activity and that respect of of existing coal mine operating mines lease and mining projects which were accorded asbestos environment mining clearance and irrespective of are located mining area within 500 metres from the periphery of such project or ..... resources and power generation (for a specified production capacity). item 1(a) which relates to mining of minerals relevant for the present case is quoted as below: "1(a) mining of >50 ha of mining 5ha of minerals instead of non- mining leases coal mine area in respect of non-coal mine lease" schedule of the notification was amended from time to time. the schedule as amended vide .....
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE18H DAY OF FEBRUARY201529TH MAGHA, 1936 WA.No. 1422 of 2011 ( ) --------------------------------- AGAINST THE JUDGMENT IN WP(C).NO.12615/2004 DATED1905-2010. ..... APPELLANTS/RESPONDENTS1& 2 IN WP(C).: -------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. BY SR. GOVT.PLEADER SRI.JOE KALLIATH. RESPONDENTS/PETITIONERS & RESPONDENTS3& 4 IN WP(C).: ------------------------------------------------------------------------------------------------ 1. M.M.THOMAS, AGED56YEARS, S/O.MAMMEN THOMAS, LECTURER, (SELECTION GRADE) (RETIRED), BISHOP MOOR COLLEGE, MAVELIKKARA, RESIDING AT MELEYIL HOUSE, POOVATHOOR P.O., KOLPPURAM VILLAGE, THI...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE18H DAY OF FEBRUARY201529TH MAGHA, 1936 WA.No. 1422 of 2011 ( ) --------------------------------- AGAINST THE JUDGMENT IN WP(C).NO.12615/2004 DATED1905-2010. ..... APPELLANTS/RESPONDENTS1& 2 IN WP(C).: -------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM.2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. BY SR. GOVT.PLEADER SRI.JOE KALLIATH. RESPONDENTS/PETITIONERS & RESPONDENTS3& 4 IN WP(C).: ------------------------------------------------------------------------------------------------ 1. M.M.THOMAS, AGED56YEARS, S/O.MAMMEN THOMAS, LECTURER, (SELECTION GRADE) (RETIRED), BISHOP MOOR COLLEGE, MAVELIKKARA, RESIDING AT MELEYIL HOUSE, POOVATHOOR P.O., KOLPPURAM VILLAGE, THI...
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