Judgment Search Results Home > Cases Phrase: coking coal mines nationalisation act 1972 section 12 payment of further amount Court: supreme court of india Page 5 of about 554 results (0.223 seconds)

State of Haryana and anr. Vs. Chanan Mal and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1654; [1976(32)FLR353]; (1977)1SCC340; [1976]3SCR688

..... act, 1950, section 5(2) of the west bengal estate acquisition act, 1953 (as amended by act 22 of 1964); coal bearing areas (acquisition and development) act, 1957; coking coal mines (nationalisation) act 1972, and coal mines (nationalisation) act, 1973. in any case, until parliament legislates to acquire ownership of mineral deposits in a state, this field cannot be ..... control of which by the union is declared by parliament by law to be expedient in the public interest.' furthermore, the coal company relied on entry 54 of list i relating to mines and mineral development, already set out above. this court held that the imposition of the cess under the state enactment ..... to carry out such detailed investigations for the purpose of obtaining such information as may be necessary:provided that in the cases of prospecting licences or mining leases granted by a state government no such authorisation shall be made except after consultation with the state government. the remaining clauses (2) to (6 .....

ComorIn Match Industries (P) Ltd. Vs. State of T.N.

Court : Supreme Court of India

Reported in : AIR1996SC1916; 1996LC233(SC); JT1996(5)SC167; (1997)1MLJ41(SC); 1996(3)SCALE538; (1996)4SCC281; [1996]Supp1SCR349; [1996]102STC1(SC)

..... payments to the petitioner. the special leave petition against that judgment was dismissed by this court by a reasoned order. thereafter, by the amendment act of 1976, coking coal mines (nationalisation) act, 1972 was amended with retrospective effect. the question before this court was whether by introduction of sub-section (2) to section 10 of the amending ..... the binding nature of the judgment of the court cannot be ignored.28. in that case bhubaneshwar singh, the petitioner, was the owner of a coking coal mine which had been taken over by the central government. he filed an application under article 226 of the constitution alleging that the custodian had debited the expenses ..... for raising coal to his account but had not given him credit for the price of the coal raised which was lying in stock on the date when the coal mine vested in the central government. the high court allowed the writ petition holding that .....

Indian Aluminium Co. Etc. Etc. Vs. State of Kerala and Others

Court : Supreme Court of India

Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23

..... of the appointed date had to be taken into account to determine the profit and loss during the period of management of the mines by the central government taken over under section 3 of the coking coal mines (nationalisation) act, 1972. thereafter, coal mines nationalisation laws (amendment) act, 1986 was enacted. in section 10, sub-section (2) of the principal act, amount payable as compensation was to be ..... deemed to include and deemed always to have included the amount required to be paid to the owner in respect of coal in stock on the date immediately .....

Bharat Coking Coal Ltd. Vs. Shyam Sunder Prasad and ors.

Court : Supreme Court of India

Reported in : AIR1999SC560; JT1998(5)SC615; (1998)5SCC512

..... over of management) act, 1973 was followed by the coal mines (nationalisation) act, 1973 and the extended definition of mine as indicated in the coal mines (taking over of management) act was retained in section 2(h) of the nationalisation act with modification. the definition of 'mine' has been noticed by this court in the decision of bharat coking coal ltd. v. madanlal agrawal, : air1997sc1599 and it has been held ..... on consideration of the definition of 'owner' and 'mine' in the said coal (nationalisation) act that even assets in respect of which the mine or the mining company may not be the proprietor but which were leased to the mine or which were in the possession of a .....

M/s Bharat Cooking Coal Ltd. Vs. Mahendra Pal Bhatia .

Court : Supreme Court of India

..... respondents.3. the parliament enacted the coal mines (nationalisation) act, 1973, (hereinafter referred to as the nationalisation act ) providing for the acquisition and transfer of the right, title and interest of the owners in respect of coal mines specified in the schedule. the schedule to the nationalisation act contained a list of about 711 coal mines located in different parts of the country ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no.5377 of2015m/s bharat coking coal ltd. ...appellant(s) versus mahendra pal bhatia and ors. ...respondent(s) judgment v. ramasubramanian 1. what was contemplated to be a summary proceeding ..... of this court (also of a 3 member bench) in bharat coking coal ltd. vs. madanlal agrawal2, steers clear any air of suspicion. in this case, this court clarified that the extended meaning given to the word mine was to ensure that the activity of mining coal could be carried on in an uninterrupted fashion. this court also .....

G.M., Bharat Coking Coal Ltd., West Bengal Vs. Shib Kumar Dushad and o ...

Court : Supreme Court of India

Reported in : (2001)ILLJ532SC; 2000(7)SCALE270; (2000)8SCC696; [2000]Supp4SCR336; 2001(1)LC66(SC); (2001)1UPLBEC655

..... in the certificate. in 1987-88 when the appellant was in the process of preparing records of the employees whose services had been taken over under the coal mines nationalisation act, the respondent, relying on the aforementioned certificate claimed his date of birth to be 9-2-1946. in view of the apparent discrepancy in the ..... service, the year of birth of the said respondent was entered in form-'b' register maintained under the mines act, 1952 as 1932. on coming into force of the coal mines nationalisation act, 1973, the ownership of the coal mines in which the respondent was employed, vested absolutely in the central govt.; and thereafter it was transferred to the ..... d.p. mohapatra, j.1. leave granted.2. we have heard learned counsel for the parties.3. m/s. bharat coking coal ltd., which is a govt. company and a subsidiary of coal india ltd., was the employer of the respondent - shri shib kumar dushad (hereinafter referred to as 'the respondent'). the company through its general manager, .....

State of Tamil Nadu Vs. M/S. Arooran Sugars Ltd.

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)473; AIR1997SC1815; JT1996(10)SC116; (1997)2MLJ111(SC); 1996(8)SCALE71; (1997)1SCC326; [1996]Supp8SCR193

..... amendments in the concerned act the court came to the conclusion:in the present case as already pointed out above, if sub-section (2) as introduced by the coal mines nationalisation laws (amendment) act 1986 in section 10 had existed since the very inception, there was no occasion for the high court or this court to issue a direction ..... for taking into account the price which was payable for the stock of coke lying on the date before the appointed day. the authority to introduce sub-section (2) in section 10 of the aforesaid act with retrospective effect cannot be ..... statutory fiction is being consistently followed by this court. reference in this connection may be made to the cases of state of bombay v. pandurang vinayak : 1953crilj1049 ; chief inspector of mines v. karam chand thapar : (1961)iillj146sc ; j.k. cotton spinning and weaving mills ltd. v. union of india : 1987(32)elt234(sc) ; m. venugopal v. .....

National Confederation Of Officers Association Of Central Public Secto ...

Court : Supreme Court of India

..... the argument that there is no specific provision in the act as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are implicit in the provisions of this enactment, as ..... itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a different complexion to these provisions. when the provisions of the act ..... the petition in the present case - that the residual disinvestment can occur only after the amendment of the nationalisation act 1976- is substantially similar to the first and second reliefs sought by maton mines mazdoor sangh, when they challenged the disinvestment of 2002 and 2014, on the basis of the decision in .....

Tinsukhia Electric Supply Co. Ltd. Vs. State of Assam and Others

Court : Supreme Court of India

Reported in : AIR1990SC123; (1989)3SCC709; 1989(2)LC712(SC)

..... as the resources of the community, noticed the contention urged in that case thus:.the submission of shri a.k. sen was that neither a coal mine nor a coke oven plant owned by private parties was a 'material resources of the community'. according to the learned counsel they would become material resources of the community ..... the vestibuleof the undertakings in the state and those pertaining to the quantification of the 'amount' are integral and inseparable parts of the integral scheme of nationalisation and d not admit of being considered as distinct provisions independent of each other.17. the memorandum of the writ petition contains averments as to the ..... undertakings were discharging their obligations to the consumers efficiently and satisfactorily. the case of the petitioners is that there was no justification at all for the nationalisation as the undertakings were efficient and fully catered to the needs of the consume7rs. it was also averred that it was the government and the board .....

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... generally by all socialist writers. socialism is, first of all, a protest against the material and cultural poverty inflicted by capitalism on the mass of the people. nationalisation of coal mine for distribution was upheld as a step towards socialism. in state of tamil nadu etc. etc. vs. l. abu kavur bai & ors. etc. [(1984) ..... the state towards securing a directive principle and the connection with the directive principle must not be some remote or tenuous connection. the object of the nationalisation of the coalmine is to distribute nations resources. it was held at page 1023 that though the word 'socialist' was introduced in the preamble by ..... its goal is to undertake distribution as best to sub serve the common good. it reorganises by such distribution the ownership and control." 107. in sanjeev coke manufacturing company vs. bharat coking coal ltd. & anr.[(1983) 1 scr 1000] another constitution bench reiterated the above view; while considering article 39(b) of the constitution, at page .....