Court : Supreme Court of India
Reported in : AIR1984SC374; 1983(2)SCALE856; (1984)2SCC381; [1984]1SCR849; 1984(16)LC248(SC)
..... krishna iyer, j. in state of karnataka v. ranganatha reddy and anr. etc. : [1978]1scr641 where the learned judge observed as follows:the next question is whether nationalisation can have nexus with distribution.... to 'distribute'; even in its simple dictionary; meaning, is to allot, to divide into classes or into groups' and 'distribution' embraces arrangement ..... the case of sri sri kalimata thakurani (supra) is concerned, in view of the crystallisation of the law in minerva mills, woman rao (supra) and sanjeev coke . and anr. : [1983]1scr1000 cases which have been followed and amplified in the recent decision of this court in state of tamil nadu, etc v. l ..... for this is that article 31c was not merely a pragmatic approach to socialism but imbibed a theoretical aspect by which all means of production, key industries, mines, minerals, public supplies, utilities and services may be taken gradually under public ownership, management and control.18. it was further argued by the petitioners that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1455; (1976)IILLJ186SC; (1976)3SCC832; [1976]3SCR591
..... work and do not report themselves for mining work. coal mines have many peculiarities and the workmen employed there have to be treated separately from the point of view of incentive for attendance. therefore, attendance ..... a previous provision of law under which bonus was payable, or was being paid it has expressly saved such provision. thus, under section 35 the coal mines provident fund and bonus schemes act, 1948 and any scheme made thereunder are saved. if, therefore, parliament wanted to retain the right to claim bonus ..... thesis that the bonus act has comprehensive coverage except where it expressly saves any other scheme of bonus. our understanding of section 35 is different. coal mines are extremely hazardous undertakings and they are largely located in agrarian areas where the agricultural workers absent themselves for long periods to attend to agricultural .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... necessarily be unconstitutional because that field is abstracted from the legislative competence of the state legislature : [1961]2scr537 and : [1964]4scr461 .55. in the case of bharat coking coal ltd. v. state of dinar (1990 (4) scc 337) (sic) it was held that in view of parliamentary declaration as made in section 2 of the act ..... was invalid.56. the cases referred to above relate to grant of leases, imposition of cess and royalty and collection of fee in respect of mineralrights under the mines and minerals (regulation and development) act.57. no doubt, these cases at the first sight support the contentions of learned counsel for the petitioner but on ..... on the legislative competence of the state legislature itself. 'subject to the provisions of list 1 the power of the state to enact legislation on the topic of 'mines and mineral development' is plenary. to the extent to which the union government had taken under 'its control' 'the regulation and development of minerals' under entry 54 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1994]80CompCas30(P& H)
..... that the mills was not a sick textile undertaking and, therefore, could not be declared as such under the take-over act, and, consequently, could not be nationalised under the nationalisation act.11. the apex court in panipat woollen and general mills co. ltd. v. union of india, air 1986 sc 2082 ; [1988] 63 comp ..... of the production .and distribution, at fair prices, of different varieties of cloth and yarn and for matters connected therewith or incidental thereto. section 2(1)(j) of the nationalisation act defines a sick textile undertaking as under :'2(1) in this act, unless the context otherwise requires-- . . . (j) 'sick textile undertaking' means textile undertaking ..... appointed day ; and includes any textile undertaking which is deemed, under sub-section (2) of section 4, to be a sick textile undertaking.' 13. the nationalisation act was enacted to provide for the acquisition and transfer of the sick textile undertakings and the right, title and interest of the owners in respect of sick .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)GLR849; (1977)IILLJ27Guj
..... structure, the board kept in view minimum emoluments of an unskilled worker as on march 1, 1968 in the case of iron and steel industry, coal mining industry, the recommendations of the first textile wage board and cement industry second wage board. it is thus unquestionably established that what the board recommended was ..... these items by the industry and tabulated it. the board then compared the results of this study with what was available in other industries, such as coal mining industry, sugar, iron and steel, cement, and cotton textiles and came to an affirmative conclusion that the position has been much lower in all these ..... electrical engineering product nor mechanical engineering product nor general engineering product. referring to the observation that the there are several branches of engineering such as civil, mining and metallurgical, electrical, chemical, aeronautical and industrial, it was urged that each branch is a separate and independent branch of engineering and units in .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi582
..... the settlement as between the workmen and the corporation, the industrial disputes act is a special legislation and the lic act is a general legislation. likewise, when compensation on nationalisation is the question, the lic act is the special statute. an application of the generalia maxim as expounded by english text-books and decisionsleaves us in no doubt that ..... not within the purview of s. 446(1) and no leave is necessary. it was so held because as reiterated in lic case, : (1981)illj1sc , when compensation or nationalisation is the question, the lic act is a special statute. in the present case, however, the nature of the proceedings is such that these are ordinarily exercisable by civil courts ..... 1958] 28 comp case 179 (bom). 9. in general share and trust co. v. wetley brick and pottery co. [1881] 20 ch d 260 (ca), the owner of a mine which had leased the same to the company and against which an order of winding-up had been moved, applied for leave to distrain or to re-renter. the vice .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR652
..... agreement dated 29.03.1973 (annexure-3), the state of bihar had not only recognised the west bokaro ltd. as a lessee but had granted the underground coal mining rights in the lease hold lands in favour of the west bokaro ltd. the covenant made by the lessor, namely, the state of bihar included all the ..... committee under the bihar bhudan yojana act, since under the terms and conditions of the lease agreement (annexure-3), only the underground coal mining rights have been given unto the lessee while the proprietary rights of the government on the surface lands remained intact. while acknowledging the fact that settlements have been ..... is not in actual possession of the entire lands, so far the surface area is concerned. the petitioner-company has been authorized only to carry out underground coal mining operations and nothing else. the respondents have claimed that they are entitled to settle the rent of lands, which has been granted to the bihar bhudan yojana .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi1; ILR1981Delhi917
..... (4) to the arthshastra in india, mentioned by saint augustine, embodied in germanic as well as african proverbs, ascribed in the year books to the law of nature, asserted by coke to be principle of divine justice and traced by an eighteenth century judge to the events in the garden of eden, where the lord himself asked of adam and eve ..... municipal secretary to forward minutes and reports of proceedings to the administrator of the union territory. to ask the central government to supply them to the corporation is to carry coals to new castle. it was said that the note of the financial adviser dated january 19. 1980 opposing the grant of loan of four crores of rupees ought to have .....
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker131
..... and it operates only prospectively. generally speaking, 'a rule and law of parliament that regularly, nova constitutio futuris formam imponere debet, non praeteritis, as lord coke said. this rule, which is in effect that enactments in a statute are generally to be construed to be prospective, and intended to regulate the future ..... committee under the earlier supreme court order have been rightly rejected or not by the committee and whether under those schemes, the mine lessees can be allowed to carry on mining operations without in any way adversely affecting environment or ecological balance or causing hazard to individuals, cattie and agricultural lands. the ..... committee under the earlier supreme court order have been rightly rejected or not by the committee and whether under those schemes, the mine lessees can be allowed to carry on mining operations without in any way adversely affecting environment or ecological balance or causing hazard to individuals, cattle and agricultural lands. the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... hand, justice shah took extremely wide view that every tax and several other impediments, such as, prohibitions, tariffs, licencing, marketing regulations, price control, nationalisation, economic or social planning, discriminatory tariffs, compulsory appropriation of goods, freezing or stand-still orders and similar other impediments operating directly and immediately on the ..... of private forests under entry 19 of list ii read with entry 42 of list iii and incidentally touches leasehold rights and other rights in mining leases or prospecting licences and therefore the encroachment being incidental the enactment must be held to be valid. this challenge, therefore, also fails ..... on them, shrubs, bushes, woody vegetation, undergrowth, pastures, honey-combs attached to trees, juices dried on trees, things embedded in the earth like mines and quarries with their produce locked up in the land, wild and stray animals (excluding domestic animals like cows, buffalos, goats, sheep etc.) living in .....
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