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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 .....

Ashok Leyland Employees Union and Another Vs. Union of India and Other ...

Court : Chennai

Reported in : 1997(3)CTC660

..... consider that a case is made out warranting interference with the impugned order passed by the central administrative tribunal.' in : [1983]1scr1000 (sanjeev coke mfg. co. v. m/s. bharat coking coal ltd.) in dealing with a challenge made to coking coal mines (nationalisation) act, 1972, it was held as hereunder :- '26. 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 (nationalistion) act. but, in .....

Excel Glasses Ltd. and ors. Vs. State of Kerala

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 .....

Mohinder Pal Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP15

..... distribution for the common good of the people and would be clearly covered by clause (b) of article 39.86. in sanjeev coke ., air 1983 sc 239 constitutional validity of coking coal mines (nationalisation) act, 1972 and the coal mines (taking over of management) act. 1973 was under challenge. the court held that when article 39(b) refers to material ..... or use in the material world is material resources and the individual being a member of the community his resources are part of those of the community............. nationalisation of transport as a distributive process for the good of the community.'85. in state of tamil nadu v. abu kavur bai, air 1984 sc 326, ..... the same for common good.84. in state of karnataka v. ranganatha reddy, air 1978 sc 215, the karnataka contract carriages acquisition act, 1976 for nationalisation of contract carriages in the state was challenged on the ground that there was no real and substantial nexus between the purpose of the acquisition and securing the .....

Amalgamated Electricity Company Limited Vs. the Workmen of Amalgamated ...

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 .....

V. Devaiah Vs. Superintendent of Police, Karimnagar District

Court : Andhra Pradesh

Reported in : 2002(1)ALD408; 2002(1)ALT241

..... person, who has the requisite qualification to be a judge of the high court e.g. income-tax appellate tribunal, railway claims tribunal, l.i.c., tribunal, tribunal under the coking coal mines (nationalisation) act, coal mines (nationalisation) act, 1973 tribunal under waste lands (claims) act, drugs act and companies act. in relation to constitution of various tribunals, qualifications of the members or the presiding officer had .....

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 .....

Arjun Agarwalla Vs. Baidya Nath Roy and ors.

Court : Kolkata

Reported in : AIR1980Cal354

..... 31-12-1970 or from 17-10-1971 when the business undertaking was taken over by the government under the provisions of coking coal mines (emergency) provisions ordinance 1971 which ultimately culminated in nationalisation of the said business under the provisions of coking coal mines (nationalisation) act 1972. this allegation of dissolution is denied by the respondents nos. 1 and 3 who are contesting this application. it is .....

State of Kerala, Rep. by the Chief Secre Vs. Hotel Leelaventure Ltd. a ...

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 .....

Dr. M Basappa Reddy Vs. State of Karnataka, Rep. by its Chief Secretar ...

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 .....