Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... process for the good of the community within the meaning of article 39(b). again in sanjeev coke mfg. co. v. bharat coking coal ltd., air 1983 sc239 it has been held that coking coal mines (nationalisation) act is a legislation for giving effect to the policy of the state towards securing the principle specified ..... in article 39(b) of the constitution and is, therefore, immune under article 31c, from attack on the ground that it offends the fundamental right guaranteed by article 14. nationalisation of coal mines ..... unsecured loans of the government and banks.11. the petitioners pointed out that the provisions of coal mines (nationalisation) act, and sick textile undertakings (nationalisation) act are not akin to those of the hind cycles (nationalisation) act and differences in the relevant provisions were highlighted. no two acts can be identical and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP241; 1986MPLJ612
..... whenever a question arises as to whether a particular asset vested in the central government as a consequence of the application of the coal mines (nationalisation) act to that particular mine, what is to be seen is whether it answers the description given in any of the clauses. what is, therefore, to ..... .e., the plaintiff. the dispute, however, is as to what actually so vested. 'mine' and 'coal mine' have been assigned special significance under the coal mines (nationalisation) act. 'mine' is defined under section 2(h) which reads as follows :'(h) 'mine' means any excavation where any operation for the purpose of searching for or obtaining minerals has ..... nationalisation act. likewise, clause (x) is also not attracted. in terms of that clause, only such lands, buildings and equipments belonging to the owners of the mine which are in, adjacent to 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 'are mines .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP279; 1988MPLJ301
..... is a distributive process for the good of the community within the meaning of article 39(b). in sanjeev coke mfg. 'co. v. m/s. bharat coking coal ltd. air 1983 sc 239 it was held that nationalisation of coal mines in whole or in part is a law for implementation of article 39(b). the supreme court in state of tamil ..... base had been eroded many times over and the companies could be restarted with unencumbered assets only after total elimination of the external liabilities through a process of nationalisation. the provisions of the act do not offend article 21 nor they are in contravention of articles 300a or 301. prioity has to be given regarding payment ..... of commerce, bombay. the suit was allowed and the matter was referred to the named arbitrator on 4-5-1979. thereafter hind cycles limited and sen-raleigh limited (nationalisation) ordinance, 1980 was promulgated on 25-10-1980 which was subsequently made act no. 70/1980 -- by notification dt. 28-10-1980 the central government transferred the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(3)MPHT491; 2000(3)MPLJ380
..... enacted the coal mines nationalisation act, 1973 (no. 26 of 1973) which came into force with effect from 1-5-1973. by the said enactment the coal mines including the mines of m/s. shaw wallace were nationalised and the management of all the private coal mines vested in the company called coal india limited. ..... thereafter, seven subsidiaries were formed such as western coalfields limited, south eastern coalfields limited, eastern coalfields limited, central coalfields limited, northern coalfields limited, bharat coal coking limited arid central mines ..... effect from 1-5-1973. the amended provision reads as under :'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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)IILLJ317MP; 1980MPLJ240
..... m/s. newton chikli collieries ltd. parasia (respondent no. 2) as chief accountant of the newton chickli colliery. under the coal mines (nationalisation) act, 1973, the newton chickli colliery like other collieries, was nationalised and taken over by the central government under section 3 of the act with effect from 1st may, 1973 which is the ' ..... the petitioner submitted that the claim for payment of gratuity relates to past services and as the respondent was in service of the owner of the coal mine before nationalisation, the gratuity for that particular period can be recoverable only from the owner and not from the central government or the petitioner. in our opinion ..... or resignation, or (c) on his death or disablement due to accident or disease.4. section 3 of the nationalisation act vests the right, title and interest of the owners, in relation to coal mines, in the central government free from all encumbrances from the appointed day. section 5 empowers the central government to direct .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP168; 1999(1)MPLJ299
..... charge payable to the board under section 12(c) of the act from the rigor of the limitation act as was done under section 20(3) of the coal mines (nationalisation) act, deductions under the aforesaid head beyond the period of limitation cannot be made. in khadi gram udyog trust v. shri ram chandra ji virajman mandir, ..... . p. electricity board, jabalpur v. m/s. newton chickli collieries ltd., dhanbad) decided on 2-1 -1984 held that the commissioner of payment appointed under the coal mines nationalisation act, 1973 is a tribunal and not a court. all these aforesaid decisions also take a view that the limitation act applies to courts and not to tribunals and ..... act is notapplicable to proceedings before him. section 20 of the nationalisation act under which the claims were made itself provides the period of limitations. sub-section (1) of section 20 says that every person having a claim against the owner of a coal mine shall prefer such claim before the commissioner within 30 days from the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(1)MPHT42
ORDERS.L. Kochar, J.1. In our country to have our own house is virtually a dream at least for Classes III and IV employees. The State Govt. in the year 1996 liberalized grant of advances to employees from their GPF A/cs., but unfortunately these teachers have been put to trial though they have taken advances as per GPF Rules.By this common order Criminal Revision No. 434/2002 (Laxminarayan Tiwari v. State); Criminal Revision No. 435/2002 (Kailashchandra v. State); Criminal Revision No. 436/2002 (Narayan v. State); Criminal Revision No. 506/2002; in all these revisions applicants are teachers and in Cr. R. No. 537/2002 (Radhakant v. State); Cr. R. No. 538/2002 (Radhakant v. State); Cr. R. No. 539/2002 (Radhakant v. State); Cr. R. No. 540/2002(Radhakant v. State) and Cr. R. No. 541/2002 (Radhakant v. State) wherein applicants are Block Education Officers, are also being disposed of. Accountant Keshav Joshi has not filed any revision against the impugned order.2. The aforesaid Criminal Re...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1982(10)ELT97(MP)
..... commodity leaves the factory for the first time.' in jail's case, the supreme court was dealing with section 2 of the coal production fund ordinance, 1944 which imposes a cess as a duty of excise on all coal and coke despatched from collieries in india. by the rules framed under the ordinance in case of consignments where the freight charges are not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP32; 1980MPLJ233
..... mills, burhanpur, (4) hira mills. ujjain, (5) new bhopal textiles, bhopal, and (6) bengal nagpur cotton mills, rajnandgaon. these textile undertakings before nationalisation were owned by a number of companies, hereinafter referred to as the owners. the names of the owners are given in para 6 of the petition. the aforesaid ..... undertakings immediately before nationalisation were under the management either of the authorised controller appointed by the government of india under section 18 of the industries (development and regulation) ..... the sick textile undertakings (taking over of management) act, 1972. these undertakings were nationalised with effect from 1st april 1974 by the sick textile undertakings (nationalisation) ordinance, 1974 which was repealed and replaced by the sick textile undertakings (nationalisation) act, 1974, hereinafter referred to as the act. the m. p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP100
ORDERS.L. Kochar, J.1. Petitioner Manoj Rajani has filed this petition under Article 226 of the Constitution of India whereby sought relief for quashing of supplementary bill of Rs. 68,740/- issued by respondents vide Annexure P. 12. For decision of this petition, necessary facts are as follows.2. That the petitioner had electric connection in his name at a building situated at 569/1, M.G. Road, Rajani Bhawan, Indore. His consumer Number is 800506. On 28-9-1999, Inspector, Flying Squad No. 14, MPEB, City Indore came to the premises of the petitioner and in his presence inspected the electric meter No. 350607 and found slow working of one phase. The inspector took away the said meter and thereafter new meter was installed. Annexure P. 1 is the Inspection report duly signed by the Inspector, Flying Squad as well as the petitioner. On 17-2-2000, petitioner received the supplementary bill of Rs. 68.740A, Annexure P.2 and P.2A is the copy of this bill. On 2-3-2000 employees of the responden...
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