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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, .....

Ms Bharat Coking Coal Limited Through Its Chairman Cum Managing Direct ...

Court : Jharkhand

..... is never nationalised by virtue of coal mines (nationalisation) act, 1973. private and individual property remains as they are and therefore, he transferred the ownership of the property, by four different registered sale deeds dated ..... ix) thus, it appears that godhur east colliery was never the owner of the property in question by virtue of sale deed dated 5th february, 1945 and therefore, coal mines (nationalisation) act, 1973 is not applicable to the property in question because the land was never belongs to godhur east colliery. (x) privately purchased property by jamini mohan mazumdar ..... in the high court of jharkhand at ranchi l.p.a. no. 272 of 2013 m/s bharat coking coal limited, a government company within the meaning of section 617 of the indian companies act, 1956 having its registered office at koyla bhawan, p.o. koyla .....

Prakash Vs. Pushpa Vani

Court : Andhra Pradesh

Reported in : 2004(3)ALD858; 2004(4)ALT286

..... v. bharat coking coal limited, air 1989 sc 1530, two questions were raised before the supreme court in this case are (1) whether the suit lands had vested, free from encumbrance in the state consequent upon the issuance of notification under section 3, of the bihar land reforms act; and (2) whether the suit land is 'mine' within the meaning of the coal mines (nationalisation) act ..... , 1973? the appellant contended that there is no proper pleading for determination whether the suit land is a mine within the meaning of coal mines (nationalisation) act, 1973. it is appropriate to extract the paragraphs 18 and 19 of the above judgment .....

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. .....

Purushottampur Colliery Pvt. Ltd. and anr. Vs. Union of India (Uoi) an ...

Court : Patna

..... central government may fix. (7) the audit of the statement of accounts shall be conducted in such manner as the central government may direct.' by virtue of the coal mines nationalisation law amendment act, 1986, sub-section (8) was added/substitued. sub-section (8)as inserted reads as under:-- '(8) the statement of accounts audited under sub ..... grave error of law in allowing the appeal only onthe ground of the amended provisions inserted in section 19 of the 1973 act by virtue of the coal mines nationalisation law (amendment) act, 1986. learned counsel submitted that even assuming that sub-section (8)of section 19 of the act as amended by the aforesaid ..... and set aside the order passed by the assistant commissioner, payments, dhanbad, the appellate court mainly relied on the amended provisions of section 19 of the coal mines nationalisation act. the appellate court held that the claim of the appellant claimant could not have been rejected in view of the provisions of section 19(8) of .....

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 .....

Arvind Kumar Singh Vs. State of Jharkhand and Ors.

Court : Jharkhand

..... situated, if solely used for the location of the management, sale or liaison offices, or for the residence of officers and staff, of the mine; 8. the word mine as defined in the coal mines nationalization act, clearly shows that it includes the quarter of the staff as well and in that view of the matter, the submission of the ..... subsequently, charge-sheet was also submitted by the police after investigation, on the basis of which, the cognizance was taken against the petitioner, being the manager of coal mines.4. learned counsel for the petitioner has submitted that the order taking cognizance against the petitioner and the continuance of criminal proceeding, are absolutely illegal and in teeth ..... died. the fir was lodged by the husband of the deceased, stating that the informant and his wife were at the quarter no. mq-524, situated near the coal mines, where there was an explosion, in which, a big piece of stone suddenly hit the wife of the informant, causing her death at the spot. the said .....

Balaraj Jadhav & Ors. Vs.union of India & Ors.

Court : Delhi

..... that effect in the act 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 provide for vesting of ..... to subserve the common good. the argument that there is no specific provision in the act as contained 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 this enactment, as explained earlier. if disinvestment takes place and the company ceases .....

Praveen Kumar Agrawal Vs. Union of India (Uoi) Through the Secretary, ...

Court : Jharkhand

Reported in : [2004(4)JCR354(Jhr)]

..... bad and could not be enforced.4. on behalf of the union of india, a counter affidavit is filed. it is submitted that under section 3(3) of the coal mines nationalisation act. 1973, commercial coal mining is permitted only by the central government, the state government, a government company and a corporation owned, managed or controlled by the central government. a government company included ..... stated that jharkhand state mineral development corporation owned three coal mines and it further expected to get more mines from the government of india/coal india limited. the government of india, ministry of coal and mines, department of coal, vide letter dated 12.12.2001, have allowed the state government companies or undertakings to do mining of coking and non-coking coal or lignite and research, either by open cast or .....

Coal India Limited Vs. Khirod Chandra Chakraborty and anr.

Court : Guwahati

..... has filed this second appeal. 6. there is no dispute that the right, title and interest of artc in the coal mine named'borgolai' situted at post office borgolai was acquired by the central government by the coal mines (nationalisation) act, 1973. the name of this mine finds place in the schedule to the act at serial no. 4. 7. the only question that arises for ..... the same management; (x) all lands, buildings and equipments belonging to the owners of the mine, and 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; (xi) all lands and buildings other than those referred to in sub-clause (x) wherever situated, if solely used for .....