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Bharat Coking Coal Limited Vs. State of Bihar (Now Jharkhand) and ors.

Court : Jharkhand

Reported in : 2007(1)BLJR379; [2007(1)JCR271(Jhr)]

..... mauza bastacola and mauza bherakatta. the said babulal madhavjee was the owner of bastacola colliery which vested in the central government after coming into force of coal mines (nationalisation) act, 1973 and consequently, in m/s bharat coking coal limited free from all encumbrances. in the recent revisional survey, r.s. plot no. 9 was carved out from c.s. plot no. 122, which was ..... . 122 was transferred by a 'mokrrari mourashi patta' to the proprietor of bastacola colliery for mining work by the recorded tenant and the said land vested in bharat coking coal limited through the central government when coal mines (nationalisation) act, 1973 came in force. according to the petitioner the provision of coal mines (nationalisation) act is a legislation having over riding effect over the provision of general legislation. according .....

Medical Council of India Vs. The State of Kerala

Court : Supreme Court of India

..... the amendment act, sub-section (2) was introduced in section 10 of the coking coal mines (nationalisation) act, 1972. the said provision declared that the amounts specified in the fifth column of the first schedule against any coking coal mines or group of coking coal mine specified in the second column of the said schedule are required to be given ..... the custodian being appointed by the central government took over the management of coking coal mines and the said mines remained under the management of the central government through the custodian during the period from 17.10.1971 to 30.04.1972. the coking coal mines (nationalisation) act, 1972 came into force w.e.f. 1.5.1972, ..... and the right, title and interest of the owners in relation to coking coal mines stood transferred to and vested absolutely in the central government free from all encumbrances .....

income-tax Officer Vs. East Indian Coal Co. Ltd

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2000)73ITD230(Kol.)

..... , the interest of rs. 67,49,553 cannot be treated as income accrued to the assessee; there being diversion of income by overriding charge created by the statutes [both the coal mines (nationalisation) act, 1973 and the coking coal mines (nationalisation) act, 1972]. we, therefore, do not see any infirmity in the orders of the cit(a). the appeals filed by the revenue are, therefore, dismissed. ..... incorporated under the u.k. companies act.it has coal mines in the state of bihar. the management of the coking coal mines was taken over by the central government on 17th october, 1971 and were thereafter nationalised on 1st may, 1972. in the case of non-coking coal mines, the management was taken over on 30th january, 1973 and nationalised on 1st may, 1973. under the aforesaid acts, assessee .....

Coal India Ltd Vs. Competition Commission Of India

Court : Supreme Court of India

..... , which came to be continued under the essential commodities act. the coal controller controlled the quality and quantity as noticed in ashoka smokeless coal india (p) 31 ltd. and others22. considering its vital importance, it became the only mineral which was nationalized in terms of the coking coal mines nationalization act, 1972 and the coal mines nationalisation act 1973. the colliery control order 1945 was repealed and replaced ..... by the colliery collar control order 2000 w.e.f. 01.01.2000.32. the preamble to the nationalisation act reads as follows: an act to provide for the acquisition and transfer .....

Bharat Coking Coal Ltd. Vs. Karam Chand Thapar and Bros. Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : JT2002(9)SC267; (2003)1SCC6

..... before this court is as to whether the buildings and structures said to be belonging to the appellant can be termed to be a mine within the meaning of section 3(j)(vi) of the coking coal mines (nationalisation) act, 1972. the said statutory provision reads as below:'3.(j)(vi)-all lands, buildings, works, adits, levels, plants, ..... to or in a mine or in connection with a mine or relating to a mine. some kind of nexus has to be there before any building or any ..... machinery and equipments, vehicles, railways, tramways and sidings belonging to or in, or about a mine.'it is on this score, the high court in appeal stated as below:'therefore, one has to construe section 3(j)(vi) of the coking coal mines (nationalisation) act, 1972 as providing for 'all lands, buildings, works, adits, levels and sidings belonging .....

Sayar Vs. Judge, Labour Court and ors.

Court : Rajasthan

Reported in : 1988(2)WLN305

..... honest.the construction we have made of section 14(1) of the 1974 act is reinforced by this decision.10. the significant difference between section 9 of the coking coal mines (nationalisation) act, 1972 and section 5 of the 1974 act is the presence of sub-section (2)in section 5 of the. 1974 act and exclusion from ..... to be liable. this conclusion was reached on construction of sub-sections (1) and (2) of section 9 and sub-section (1) of section 17 of the coking coal mines (nationalisation) act, 1972. there is no dispute that sub-section (1) of section 17 and sub-sections (1) and (2) of section 9 of that act ..... plain language of these provisions.9. the supreme court decision in bharat coking coal ltd. (supra) related to a dismissed workman of colliery which was nationalised and vested in the central government and thereafter in the bharat coking coal ltd. by virtue of the provisions contained in the coking coal mines (nationalisation) act, 1972. this change occurred during the pendency of an .....

Employers in Relation to Bararee Coke Plant of Bharat Coking Coal Ltd. ...

Court : Jharkhand

Reported in : 2003(3)BLJR2164; [2003(3)JCR787(Jhr)]; (2004)ILLJ346Jhar

..... reinstatement of workman dip lal singh with back wages w.e.f. 1st may, 1972, the date from which the coking coal mines were placed under m/s. bccl on its nationalization under the coking coal mines (nationalisation) act, 1972. the appellant-employer in relation to bararee coke plant of m/s. bccl dhanbad challenged the award before the ranchi bench of patna high court (this court) in ..... 23rd december, 1971, i.e., after more than two months of termination of his services. the services of the employees of coking coal mines or coke oven plants, were taken over later on, w.e.f. 1.5.1972 under section 17 of the coking coal mines (nationalisation) act, 1972 (act no. 36 of 1972), gazetted on 17th of august, 1972. thereby services of the workman dip lal .....

Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... 24, homi modi street, fort, bombay.4. m/s. bharat coking coal ltd. (in short to be referred as 'bccl') and eastern coal fields ltd. own various collieries in the state of bihar nationalised under the provisions of coking coal mines (nationalisation) act, 1972 and coal mines nationalisation act, 1973. the mining activities of the petitioners are regulated by the provisions of mines & mineral (regulation & development) act, 1957 (in short to be referred ..... manbhum and portion of the district of hazaribagh.7. section 54 of the aforesaid act provides for levy of tonnage cess on the annual despatches of coal and coke from each coal mines; payable by the owners of the mines. section 56(a) and 56(e) thereof provides for levy of water charges for supply of water for domestic and other purposes. jharia water board .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... court and some high courts in a series of decisions.the matter may be considered from another angle. under the coking coalmines (nationalisation) act, 1972 and coal mines (nationalisation) act,1973, as noticed hereinbefore, all coking coal mines mentioned in theschedule appended to the 1972 act and all coal mines vested in the centralgovernment. in terms of section 7 of the 1972 act and section 9 of the 1973act, the ..... central government was empowered to transfer the said coking coalmines and coal mines to any government company, as may be notified.pursuant to or in .....

Raneegunj Coal Association Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : AIR1990SC1879; [1990]67CompCas431(SC); JT1989(3)SC336; 1989(2)SCALE227; 1989Supp(2)SCC271

..... writ petitions was dismissed by this court by its order dated september 18, 1986 upholding the constitutional validity of the coking coal mines (nationalisation) act, 1972 and the coal mines (nationalisation) act, 1973 as amended by the coal mines nationalisation laws (amendment) act, 1978.5. it appears that after the disposal of the writ petition, this court passed ..... september 5, 1973 up to the date of payment to the commissioner of payment for coking coal mines. the said commissioner will make disbursement of the amount so received by him in accordance with the provisions of coking coal mines (nationalisation) act, 1972.6. by the said order dated september 24, 1987, this court directed ..... 2. a writ petition being writ petition (civil) no. 404 of 1972 challenging the validity of the coking coal mines nationalisation act, 1972 etc. was filed in this court by the writ petitioners, raneegunj coal association and another. in that writ petition, on july 6,1973 the following order was passed by .....