Court : Kolkata
Reported in : 1982CriLJ1960
..... calcutta in title suit no. 436 of 1979; that as receiver the petitioner moved an application under article 226 of the constitution challenging the validity of the coal: mines (nationalisation) amendment act 1976 on 29-2-1980 and obtained an interim order restraining the respondents from interfering with the work of the said colliery in any manner ..... commission of a crime. we make it perfectly plain that there will be no more authorisation for any receiver or other officer of court to extract coal or coking coal from any mine in india. section 3(3) of the 1976 act being all inclusive and having been constitutionally upheld by this court, it is no longer ..... paragraph 9).' these observations have been made in disposing of a batch of writ petitions claiming right to extract coking coal on the ground that the prohibition contained in the act of 1976 does not affect or operate on coking coal mines. reference has also been made to similar observations of the same learned judge in deja pada das v. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2738; [2007(4)JCR116(Jhr)]
..... is concerned and not in respect of his right in the colliery. learned counsel put reliance on a decision of the supreme court in the case of bharat coking coal ltd. v. madan lal agrawal : air1997sc1599 .10. before appreciating the rival contentions of the learned counsels for the parties i would first like to refer the ..... suit.15. the appellate court recorded its finding on the following two issues.(i) whether durga bokapahari colliery vested in the central government as per section 3 of nationalisation act, 1973?(ii) whether durga bokapahari colliery was independent colliery and not part of badjna colliery?16. while deciding point no. (i) the appellate court, after ..... initiated and the matter ultimately came to high court where plaintiff's possession over the colliery was confirmed. plaintiff-appellant's further case is that after coal mines (taking over of the management:) act, 1973 came into force, the management of his colliery, namely, sri durga boka pahari colliery was not taken over by .....
Tag this Judgment!Court : Supreme Court of India
..... order, 2000 with effect from 1st january, 2000 but that factor is not of much significance so far as the present appeal is concerned. the basic coal mining industry is nationalised and largely controlled by the coal india ltd., a public sector undertaking. the appellants were approved linkage of said 4000 metric tonnes of low ash ..... sponsorship/recommendation letters from the concerned state govts., in the same manner as sponsorship/recommendation is required for other non-core sector units.24. case of m/s mahabir coke industries, guwahati, assam- the agenda item was discussed by the committee. as already decided in the previous agenda item (i.e. item no.23), all cokery ..... as contained in the second part of the resolution ought to imply the price for linked consumers only. the case of cct, ranchi and another vs. swarn rekha cokes and coals (p) ltd. and others [(2004) 6 scc689 was relied upon by the learned page 12 of 19 counsel for the appellants mainly for interpretation of the aforesaid .....
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 : Mumbai Nagpur
..... nothing left for making any regulations and much less to the contrary. 7. our attention is invited to section 52 of the mines act and judgment of hon'ble supreme court in the case of jaswant singh gill .vrs. bharat coking coal ltd. and others reported in (2007) 1 scc 663 and judgment of this court in writ petition no. 3430/2010 ..... of earned leave and 293 days of half pay leave. 3. the facts which are not in dispute are as under: on 03.03.1976, the petitioner joined the nationalised coal sector as assistant welfare officer (trainee) in western coalfields limited at korba and continued there till 12.06.1984. thereafter, he was posted from 14.06.1984 to 30 ..... was levied. the petitioner asked for leave encashment of 220 days earned leave with full pay and 219 days half pay leave after deduction of coal mine's provident fund as per section 52[8] of the mines act, 1952. however, that request was rejected on the ground that the leave encashment is not admissible to the employees whose services are .....
Tag this Judgment!Court : Mumbai Nagpur
..... left for making any regulations and much less to the contrary. 7. our attention is invited to section 52 of the mines act and judgment of hon'ble supreme court in the case of jaswant singh gill .vrs. bharat coking coal ltd. and others reported in (2007) 1 scc 663 and judgment of this court in writ petition no. 3430/2010 ..... of earned leave and 293 days of half pay leave. 3. the facts which are not in dispute are as under: on 03.03.1976, the petitioner joined the nationalised coal sector as assistant welfare officer (trainee) in western coalfields limited at korba and continued there till 12.06.1984. thereafter, he was posted from 14.06.1984 to 30. ..... was levied. the petitioner asked for leave encashment of 220 days earned leave with full pay and 219 days half pay leave after deduction of coal mine's provident fund as per section 52[8] of the mines act, 1952. however, that request was rejected on the ground that the leave encashment is not admissible to the employees whose services are .....
Tag this Judgment!Court : Guwahati
..... of the act, the apex court in the case of bharat coking coal ltd. v. madanlal agrawal : air1997sc1599 of the judgment held as follows:the two key words for the purpose of interpreting section 3 are 'mine' and 'owners'. if we look at the definition of a 'mine' under section 2(h), the definition is designed to cover:(1) ..... the same management;(x) all lands, buildings and equipments belonging to the owner 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 ..... in, adjacent to or situated on the surface of the mine, where washing of coal or manufacture of coke is carried on.(2) in addition, the definition of 'mine' also covers all those assets which are required for a proper functioning of the mine irrespective of whether these assets 'belong' to a mine or not. thus, for example, section 2(h)( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2005(3)JCR147(SC)]; JT2005(11)SC43; (2005)11SCC293
..... madan lal agrawal : air1997sc1599. wherein their lordships has interpreted the expression 'mine' as defined in section 2(h) and also considered the effect of section 3 and section 26 and it was observed that ..... by the central govt. and all their right, title and interest of all the private company stood vested in central government and central govt. vested it in its company coal mines authority limited, calcutta. therefore, the finding given by the additional deputy commissioner, tinsukia that since the artc is fout ferrar i.e. already, abandoned and resumed the ..... in definition of 'mine' as defined in section 2(h) of the act or not. this is a matter of inquiry and if state has any doubt then a proper inquiry be conducted after notice to the appellant.8. in this connection, a reference may be made to a decision of this court in bharat coking coal ltd. v. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001ACJ1528; AIR2001Kant275; ILR2001KAR2879; 2001(5)KarLJ322
Acts/Rules/Orders:Motor Vehicles Act, 1988 - Sections 92-A, 92(2), 94, 95(1), 95(2), 96, 96(2), 140, 140(5), 141, 145, 149, 163-A, 163-A(1), 163-A(3), 163-B, 166, 173 and 217;Motor Vehicles (Amendment) Act, 1994;Motor Vehicles Act, 1939 - Section 110 and 110-F;Constitution of India - Articles 14, 39-A and 41;Civil Procedure Code, 1908 - Order 33, Rule 9-A;Workmen's Compensation Act, 1923Cases Referred:Gajraj Singh v. State Transport Appellate Tribunal and Others, AIR 1997 SC 412;Ramdev Singh v. Chudasama and Others and Hansrajbhai v. Kodala and Another, 1999 ACJ 1129, (1999) 1 Guj. L.R. 631 (Guj.);Kesavan Nair v. State Insurance Officer, 1971 ACJ 219 (Ker.), 1971 Ker. LT 380;Mangilal v. Parasram, AIR 1971 M.P. 5, 1970 ACJ 86 (M.P.);M/s Marine and General Insurance Company Limited v. Dr. Balkrishna Ramchandra Nayan, AIR 1977 Bom. 53, 1976 ACJ 288 (Bom.);Haji Zakaria v. Naoshir Cama, AIR 1976 A.P. 171, 1976 ACJ 320 (A.P.);British India General Insurance Company Limited v. Captain Itbar S...
Tag this Judgment!Court : Karnataka
Reported in : III(2002)ACC350
Ashok Bhan, J.1. Keeping in mind the importance of various questions arising regarding the scope and applicability of Section 163A which was inserted by the Parliament in the Motor Vehicles Act, 1988 (for short, 'the 1988 Act') by Motor Vehicles (Amendment) Act, 1994 (Act No. 54/1994) (hereinafter referred to as 'the Amending Act') the Division Bench on 3rd of March, 2000 after formulating certain questions of law which were likely to arise and affect a large number of appeals or proceedings pending before this Court requested Hon'ble the Chief Justice to constitute a Larger Bench to lay down law for its uniform applicability in the State of Karnataka and to avoid difference of opinion amongst various Benches.Facts:On 28.3.1987, one Pradeep Wadi and his younger brother Praveen Kumar Wadi were proceeding on Hero Honda motor cycle bearing registration No. CAX 9954. Praveen Kumar Wadi was driving the motor cycle and Pradeep Wadi was the pillion rider. They were proceeding from Bangalore t...
Tag this Judgment!