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 : 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 : 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 : AIR1962MP146
..... it is impossible to precisely define the expression 'public purpose'. in each case all the facts and circumstances will require to be closely examined in order to deter-mine whether a 'public purpose' has been established, prima facie the government is the best judge as to whether 'public purpose' is served by issuing a requisition order ..... have to be carefully examined in its own setting of time arid circumstances. if the scheme is of agrarian land reforms, the ownership of an individual in forests, mines, waste lands, etc., may be expropriated, which otherwise may not be permissible if taken by it-self.similarly, if the scheme is of housing the homeless, ..... maintained that prohibition with a view to state monopoly was the only practical and reasonable manner of regulation. ...... (underlining there in single quotation marks ' ' -- ed. is mine).these observations were cited with approval by mukherjea, j., (as he then was) in air 1954 sc 728 at p. 738; and in my view they have full .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP205; [1970]76ITR404(MP); 1970MPLJ403
A.P. Sen, J.1. The question of law stated by the Income-tax Appellate Tribunal, Bombay, Bench 'A', at the instance of the Commissioner for the opinion of the Court is as follows:'Whether on the facts and in the circumstances of this case the sum of Rs. 1,67,345 received by the assessee during the year under consideration is covered by the 2nd Explanation to Section 7(1) of the Act as it stood prior to its amendment by Section 5 of Finance Act, 1955.'2. The sum of Rs. 1,67,345/- represents the payment to the assessee, Capt. H.C. Dhanda on 28th January 1955 by His Highness Maharaja Yeshwant Rao Holkar, the Senior Up-Rajpramukh of the erstwhile State of Madhya Bharat, in full and final settlement of his claim for damages for wrongful termination of his services as personal Adviser to his Highness. The whole question here is, were the moneys which the assessee so received after cessation of his office as compensation, in respect of which he was assessed for the year 1955-56, part of his in...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP191; (1972)IILLJ611MP
Tare, J.1. In this Writ Petition, which is described as a petition under Articles 226 and 227 of the Constitution of India, two questions are mainly involved. So far as Article 227 of the Constitution of India is concerned, it will be out of the picture. Sub-clause (4) of Article 227 of the Constitution specifically excludes courts martial from the operation of the Article. It is as follows :--'Article 227(4).-- Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.'Therefore, court-martial can in no sense be considered to be a Tribunal subordinate to the High Court. But the said bar does not find place in Article 226 of the Constitution of India. Therefore, although courts-martial may not be considered to be Tribunals subordinate to the High Court or for the purposes of Article 136 of the Constitution of India subordinate to the Supreme Court, they will be amen...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP1; 1973MPLJ819
S.P. Bhargava, J.1. The facts leading to the presentation of this petition by Rameshchandra Bahoti may be briefly stated thus. The petitioner is admittedly a registered graduate of the University of Indore. He passed his M. Com. Degree Examination in the year 1967. In that very year, Shri Vaishnav Arts & Commerce College. Indore, also called as Shri Vaishnav College of Commerce, was started at Indore in the month of August. The petitioner received a let-ter (Annexure A) from the Joint Secretary of the said College in which it wasrequested that he may at his convenience and according to his aptitude deliver some lectures to the students of that college. By his reply dated 3rd August, 1967 (also marked Annexure A) the petitioner accepted the said offer in these words:'It is really very kind of you to extend an invitation for delivering a few lectures to the students. I shall be happy to do so subject to the limitations of time and according to my convenience.' 2-3. Annexure R-2 filed wit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1972MPLJ830; [1973]30STC337(MP)
..... ' is an explosive accessory for initiating high explosives. it is used for blasting purposes and is issued only against special licence to be obtained by persons concerned with blasting or mining operations. it contains chemical composition inside a metallic tube, whether aluminium or copper, which is closed at one end. in this tube are compressed two charges of initiating explosives successively .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1973MPLJ32; [1973]31STC64(MP)
..... the companies are incorporated under the indian companies act and have their registered offices at calcutta in the state of west bengal. they are engaged in winning and trading in coal from coal mines at parasia in the district of chhindwara within the state of madhya pradesh. both of them are registered dealers under the madhya pradesh general sales tax act (hereinafter referred ..... not charge or receive from the consumer a margin over the price not exceeding re. 1 per ton in the case of coal or re. 18 annas per ton in the case of soft coke. further clause (c) of sub-clause (2) of clause 6 of the order contemplates a del credere agent also functioning as a broker and provides for ..... the price fixed under clause 4 which exceeds :(a) one rupee per ton in the case of coal; or(b) one rupee eight annas per ton in the case of soft coke ;(c) two rupees eight annas per ton in the case of hard coke and if in any such transactions as aforesaid, a broker is employed or the del credere agent himself .....
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