Judgment Search Results Home > Cases Phrase: coking coal mines nationalisation act 1972 section 26 disputes how to be dealt with Sorted by: old Page 1 of about 85 results (0.217 seconds)

Wilsons and Clyde Coal Co. Vs. Scottish Insurance Corporation

Court : House of Lords

..... some importance that the scheme cuts out the preference stockholders from any chance of getting favourable adjustment of their interests in the company's assets under section 25 of the coal industry nationalisation act, 1946. as will appear hereafter, however, i attach very little weight to this point. my first reason is of great importance. if the preference stockholders are not entitled ..... facts? this company's capital structure consists of preference and ordinary stock in the ratio of roughly 1 to 13. its business was coal mining, and on 1st january 1947 its collieries and working assets passed to the national coal board in exchange for a share, as yet undetermined, in the global sum of compensation. liquidation is inevitable. the company's substratum is .....

Shethia Mining and Manufacturing Corporation Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Reported in : [1977]39STC246(Cal)

..... were very much different from the facts of the instant case before me. further, in the view i have taken of the effect of section 3 of the coal mines (nationalisation) act, 1973, it is not necessary for me to rest my decision on the ratio of the aforesaid decision referred to hereinbefore. in an appropriate case, if ..... 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 ..... 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)] .....

State of Haryana and anr. Vs. Chanan Mal and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1654; [1976(32)FLR353]; (1977)1SCC340; [1976]3SCR688

..... act, 1950, section 5(2) of the west bengal estate acquisition act, 1953 (as amended by act 22 of 1964); coal bearing areas (acquisition and development) act, 1957; coking coal mines (nationalisation) act 1972, and coal mines (nationalisation) act, 1973. in any case, until parliament legislates to acquire ownership of mineral deposits in a state, this field cannot be ..... control of which by the union is declared by parliament by law to be expedient in the public interest.' furthermore, the coal company relied on entry 54 of list i relating to mines and mineral development, already set out above. this court held that the imposition of the cess under the state enactment ..... to carry out such detailed investigations for the purpose of obtaining such information as may be necessary:provided that in the cases of prospecting licences or mining leases granted by a state government no such authorisation shall be made except after consultation with the state government. the remaining clauses (2) to (6 .....

Bharat Coking Coal Limited Vs. Kalachand Mitra and ors.

Court : Kolkata

Reported in : (1977)ILLJ27Cal

..... that the writ of mandamus issued by the learned judge in the trial court declaring the respondent-petitioner kalachand mitra to be entitled to the benefits of section 17 of coking coal mines (nationalisation act) 1972 must be upheld. it is not in dispute that the said respondent would be entitled to such benefits if it be found that immediately before the appointed day ..... , 1971 and the 'appointed day' as mentioned hereinbefore remained the same. thereafter, on or about january 12, 1972, bharat coking coal ltd., the appellants herein, a government company, were appointed as the custodian of the said colliery. then came the parliamentary legislation of coking coal mines (nationalisation) act, 1972 on august 17, 1972 (hereinafter referred to as the 1972 act), making provisions for the acquisition and .....

The Indian Cable Co. Ltd. Vs. Lodna Colliery Co. (1920) Ltd.

Court : Kolkata

Reported in : AIR1977Cal402

..... ltd. v. n, c. mehta reported in (1977) .81 cal wn 380: (air 1977 noc 198) (cal). here, a division bench held that the coking coal mines (nationalisation) act, 1972 which was in pari materia with the statute in the instant case, did not take away the jurisdiction of the civil courts. the said act, ..... j. mitra, learned counsel for the plaintiff submitted on the other hand that, only two questions arose for determination in this case. firstly, whether after the promulgation of the coal mines (nationalisation) act, 1973, a suit would lie in a civil court for a claim which could be realised under the act, and secondly, if a claim had once been ..... the defendant has filed its written statement denying the allegations in the plaint. it is contended further that the suit is not maintainable by virtue of the provisions of the coal mines (nationalisation) act, 1973 (hereinafter referred to as the said act),4. the only issue raised and settled at the trial was -- is the suit maintainable by reason of .....

The Workmen Vs. the Bharat Coking Coal Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1978SC979; 1978(26)BLJR225; 1978LabIC709; (1978)IILLJ17SC; (1978)2SCC175; [1978]3SCR482; 1978(10)LC329(SC)

1. the correct interpretation of section 9 of the coking coal mines nationalisation act, 1972, (for short, the act), read along with section 17 settles the fate of this appeal by special leave. we may start off by narrating a few admitted facts ..... ) save as otherwise provided elsewhere in this act, no claim for wages, bonus, royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a coking coal mine or coke oven plant in respect of any period prior to the appointed day, shall be enforceable against the central or the government company-(b) ...(c) ...side by side we may also ..... not been transferred to and vested in the central government or government company, as the case may be, and continue to do so unless and until his employment in such coking coal mine or coke oven plant is duly terminated or until his remuneration, terms and conditions of employment are duly altered, by the central government or the government company.section 17 is a .....

Valley Refractories Pvt. Ltd. and anr. Vs. K.S. Garewal

Court : Kolkata

Reported in : AIR1978Cal574,83CWN53

..... as regards person or property, are subject to strict construction in the same way as penal acts. there cannot be any dispute that a provision of this nature, as the coal mines (nationalisation) act, 1973, must receive strict construction. if there is any golden rule of construction or interpretation it is that the statutes must be read as a whole reasonably, fairly and ..... or below ground, in or adjacent to or belonging to a coal mine; provided that it shall not include any part of the coal mine on which a manufacturing process is being carried on unless such process is a process for coke-making or the dressing of minerals. an amended definition was provided by the coal mines provident fund & bonus schemes (amendment) act, 1965 and the same .....

Bharat Coking Coal Ltd. Vs. the Raneegunge Coal Association Ltd. and o ...

Court : Supreme Court of India

Reported in : (1978)4SCC299; 1978(10)LC529(SC)

..... all stocks, of coal, plant and machinery, etc. on which the bank had the first charge, stood transferred to and vested in the central government free ..... stores, stocks of coal, etc. loans were also extended by the bank to the raneegunge goal association under two seperate loan accounts. the bank claimed a decree for the total of the amount due to it in the cash credit account and the loan accounts. it was pleaded that under the coking coal mines (nationalisation) act, 1972, when ..... joint receivers. indeed, there has been a fair degree of contentious argument before us with reference to the various provisions of the coking coal mines (emergency provisions) act, 1971 and the coking coal a-fines (nationalisation) act, 1972. we do not think it necessary or advisable to express our view on any of these questions at this stage .....

Bharat Coking Coal Ltd. Vs. Shri Parmeshwar Kumar Agarwala and anr.

Court : Supreme Court of India

Reported in : (1979)3SCC609; 1979(11)LC112(SC)

v.r. krishna iyer, j.1. the short question that falls for decision is as to whether a coke oven which is the subject matter of this case is a 'coke oven plant' as defined in section 3(b) of the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the act). there is also another question as to whether the plaintiff/respondent no. 1 has ..... retained with himself the ownership of the coke oven by reserving its ownership in him in sale deed executed .....

Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

Court : Mumbai

Reported in : AIR1980Bom168

..... proprietor or lessee or occupier (excluding liquidator, receiver or managing agent) of the coal mine and not mine for the purposes of the said act. the reason is that we are concerned with the nationalisation of coal mines and not mines. we have also in the field the coking coal mines (nationalisation) act, 1972, which also looks to the coal mines (conservation, safety and development) act, 1952, for the definition of the word ..... 'owner'.48. section 8 of the said act makes provisions for payment of amount to owner of every coal mine or group of coal mines specified in the second column .....