Court : Karnataka
Reported in : ILR1997KAR1573
..... all the private and public sources of meeting material needs, not merely public possessions.'in sanjeev coke manufacturing co.'s case4 (supra) the 'material resources' were explained as:-'the next question for consideration is whether the coking coal mines (nationalisation) act is a law directing the policy of the state towards securing 'that the ownership and ..... control of the material resources of the community are so distributed as best to subserve the common good, coal is, of course, one of the most important ..... stood prior to its amendment by the 42nd amendment, as a result of the decision in eshavananda bharathi's case2, stood revived. in sanjeev coke manufacturing company v. bharat coking coal ltd. and anr. : [1983]1scr1000 , the judgment proceeded on the basis that article 31-c stood revived as it existed as .....
Tag this Judgment!Court : Karnataka
Reported in : (1995)IIILLJ769Kant
..... -ii llj 17, held that during the pendency of an industrial dispute regarding the dismissal of workmen, the colliery having been nationalised and vested in the central government and thereafter in the 1st respondent-company, when section 17 of the coking coal mines nationalisation act provided for continuance of their service notwithstanding the transfer of private ownership to the central government or the government company ..... they were not in the service of the undertaking on the date of vesting. as explained earlier, in the light of the law laid by the supreme court in bharat coking coal limited, 1978-ii llj 17, it is clear that when there is a statutory transfer of employees pursuant to the undertaking being taken over to the board and when the .....
Tag this Judgment!Court : Karnataka
..... in the mineral wealth nor does it contain any provision divesting any owner of a mine of his proprietary rights. on the other hand, various enactments made by the parliament, such as the coking coal mines (nationalisation) act, 1972 and the coal bearing areas (acquisition and development) act, 1957 make express declarations under sections 4 ..... and 7 of the act providing for acquisition of the mines and rights in or over the land from which coal is obtainable." the hon'ble apex ..... movement of iron ore and manganese ore; further, the petitioner has deliberately committed omissions and commissions while working as a director, in contravention of the mines and mineral development regulation act, 1957 (for short, 'mmdr act'); he issued 41 permits through his subordinate territorial officers during the year 2004 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant119
..... : air1973sc1461 has struck down these provisions. an application made for review in minerva mill's case is stated to be still pending before the court. in sanjeev coke mfg. co. v. m's. bharat coking coal, ltd. : [1983]1scr1000 another constitution bench has expressed doubt on the correctness of the decision rendered in minerva mills' case. but, this court is bound by the ..... learned counsel submitted that art, 39(b) would be attracted if the industry as a whole was nationalised and not if only a part of the industry was nationalised, according to him, all the coke oven plants wherever they existed had to be nationalised and no privately owned coke oven plants could be allowed to be set up in the future, if art. 39(b .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ1528; AIR2001Kant275; ILR2001KAR2879; 2001(5)KarLJ322
Acts/Rules/Orders:Motor Vehicles Act, 1988 - Sections 92-A, 92(2), 94, 95(1), 95(2), 96, 96(2), 140, 140(5), 141, 145, 149, 163-A, 163-A(1), 163-A(3), 163-B, 166, 173 and 217;Motor Vehicles (Amendment) Act, 1994;Motor Vehicles Act, 1939 - Section 110 and 110-F;Constitution of India - Articles 14, 39-A and 41;Civil Procedure Code, 1908 - Order 33, Rule 9-A;Workmen's Compensation Act, 1923Cases Referred:Gajraj Singh v. State Transport Appellate Tribunal and Others, AIR 1997 SC 412;Ramdev Singh v. Chudasama and Others and Hansrajbhai v. Kodala and Another, 1999 ACJ 1129, (1999) 1 Guj. L.R. 631 (Guj.);Kesavan Nair v. State Insurance Officer, 1971 ACJ 219 (Ker.), 1971 Ker. LT 380;Mangilal v. Parasram, AIR 1971 M.P. 5, 1970 ACJ 86 (M.P.);M/s Marine and General Insurance Company Limited v. Dr. Balkrishna Ramchandra Nayan, AIR 1977 Bom. 53, 1976 ACJ 288 (Bom.);Haji Zakaria v. Naoshir Cama, AIR 1976 A.P. 171, 1976 ACJ 320 (A.P.);British India General Insurance Company Limited v. Captain Itbar S...
Tag this Judgment!Court : Karnataka
Reported in : III(2002)ACC350
Ashok Bhan, J.1. Keeping in mind the importance of various questions arising regarding the scope and applicability of Section 163A which was inserted by the Parliament in the Motor Vehicles Act, 1988 (for short, 'the 1988 Act') by Motor Vehicles (Amendment) Act, 1994 (Act No. 54/1994) (hereinafter referred to as 'the Amending Act') the Division Bench on 3rd of March, 2000 after formulating certain questions of law which were likely to arise and affect a large number of appeals or proceedings pending before this Court requested Hon'ble the Chief Justice to constitute a Larger Bench to lay down law for its uniform applicability in the State of Karnataka and to avoid difference of opinion amongst various Benches.Facts:On 28.3.1987, one Pradeep Wadi and his younger brother Praveen Kumar Wadi were proceeding on Hero Honda motor cycle bearing registration No. CAX 9954. Praveen Kumar Wadi was driving the motor cycle and Pradeep Wadi was the pillion rider. They were proceeding from Bangalore t...
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KCCR5(SN)
..... [copy produced at annexure-r4 to the affidavit of the secretary dated 19-10-2006], addressed to the secretary to government of india, ministry of coals and mines, new delhi, it is obvious that the state government had rethinking about its own recommendations, as some of the recommendations were not in order. in ..... a facet thereof as the principle of `the polluter pays', this court awarded damages for causing deforestation and directed development of eco-friendly environment,125. mining operations, though detrimental to forest growth, are part of layout of the industry, provision should be made for investment or infrastructural planning to reforest the ..... have failed to discharge its statutory responsibility under these enactments.123. what started initially as an adversarial litigation between two competing applicants for grant of mining lease pursuant to the government notification dated 15.3.2003, has during the course of hearing and examination of the government records has necessitated a .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... question, therefore, directly arose for consideration. the question was, however, not decided in the minerva mills case. section 39 of the sick textile undertakings (nationalisation) act, 1974, had also declared that the act was enacted for giving effect to the policy of the state towards securing the principles specified in clause ..... the notification without even affording an opportunity to the parties concerned is contrary to the law laid down by the apex court in the case of sanjeev coke . and anr. reported in : air 1983 s.c. 239, which reads thus:11. we confess the case has left us perplexed. in ..... 11l/mmm/2004 karnataka government secretariatm.s. buildingbangalore, dt. 6.12.2004fromsecretary to government(mines, ssi & textiles)commerce and industries departmentbangalore - 560 001tothe secretary to government of indiaministry of coal and minesdepartments of minesshastri bhavannew delhisir,sub: mining lease applications filed by m/s. jindal vijayanagar steels limited and m/s. kalyani .....
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