Court : Jharkhand
Reported in : [2006(4)JCR298(Jhr)]
..... learned counsel appearing for the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a registered deed giving some right over the lease hold area ..... and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999, when forest official directed the chief ..... stated herein.3. or 26.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 900 mt from the ghanudih protected forest area. thereupon the opposite parly no. 2 filed a prosecution report. upon which the case .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR544(Jhr)]
..... of the court below on the ground that the learned court below had committed serious error of law in misconstruing and misreading the provisions of the coking coal mines (nationalization) act and that the learned court below had failed to frame relevant issue on the basis of the pleadings of the parties including the ..... dues. further pleadings of the contesting defendants was that the plaintiff-bank has filed his claim before the commissioner of payments in accordance with the provisions of coking coal mines (nationalization) act, 1972 and, therefore, the bank could not simultaneously resort to filing its claim by way of civil suit.4. on the basis of ..... the instant case. this plea of the appellant is also not tenable.15. section 23 of the coking coal mines (nationalization) act, 1972 contains provisions wherein parties having any claim against the erstwhile owner of a coal mine which has vested under the provisions of nationalization act, may prefer a claim before the commissioner of payments .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR133(Jhr)]
..... learned counsel appearing for the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a registered deed giving some right over the lease hold area ..... and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999. when forest official directed the chief ..... be stated herein.on 28.8.2003 during the routine inspection forest guard noticed that the petitioners by deployment of huge work force extracted and mined out coal about 700 mt from the ghanudih protected forest area. thereupon the opposite party no. 2 filed a prosecution report. upon which the case was .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar143; [2004(4)JCR626(Jhr)]
..... barred by the principle of res-judicata and the suit of the plaintiff is also not maintainable under the provisions of the coking coal mines (emergency provisions) ordinance 1971 and the coking coal mines (nationalisation) act, 1972 and the civil court has no jurisdiction to adjudicate the present suit in view of the fact that the ..... the impugned judgment it has been submitted by the learned counsel for the plaintiffs that the learned court below has misconstrued the provisions of the coking coal mines (nationalisation) act, 1972 and has erred in dismissing the suit of the plaintiff. it has been submitted that civil court has jurisdiction to adjudicate the ..... hundies. further case of the plaintiffs is that, the plaintiffs, however, preferred their claim before the commissioner of payment under the provisions of the coking coal mines (nationalisation) act, 1972 and their claim applications are still pending and they apprehend that there would be inordinate delay in the disposal of the numerous .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(2)JCR98b(Jhr)]
..... this case.14. now i come to the real question whether there was vesting of the land. admittedly new sudam din colliery was a coking coal mines, undisputedly this mines vested under the coking coal mines nationalisation act, 1972 on 1st day of may, 1972 the appointed date under section 4 of the aforesaid act. a serious argument was made ..... of the mine in the two respective acts, so that decision is not helpful to the plaintiff. the ..... it gets included in the definition of mine and consequently it has to vest.17. the learned counsel for the plaintiff relied on a decision reported in 1997(1)scc 177, that deals with coal mines nationalisation act 1973 where as the case in hand is with regard to coking coal mines, therefore the differences being in the definition .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR230(Jhr)]
..... respondent no. 1, company as per extended definition of 'mines' as defined in the relevant coal mines nationalisation act, 1972 and as per the decision of the supreme court in bharat coking coal limited v. madan lal agrawal, reported in (1997) 1 scc 177. 5. from the pleading made by the ..... right and title.the question raised by the respondents as to whether the title to the property came to be vested with the respondents as a result of coal mines nationalisation act or not is itself a question of fact.it is a settled law that where a complicated questions of title arise for decision, the summary proceeding ..... records of right prepared in the year 1925 it is recorded to be owned by m/s. bengal coal company limited. the lands vested with respondent no. 1, company - m/s. bccl on the enactment of the coal mines nationalisation act 1972. the landed property in question has been vested absolutely and free from all encumbrance in favour of .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(1)JCR453(Jhr)]
..... through manipulations and by practicing fraud although he was never employed in the colliery. the management further stated that after promulgation of the coking coal mines (nationalisation) act, 1972, the previous owner entered into litigation and upon orders of the calcutta high court, a receiver was appointed. finally, the supreme court upheld ..... been transmitted to him for adjudication. the reference for adjudication was as follows :'whether the action of the management of bhowra north ocp of m/s. bharat coking coal ltd., in dismissing shri manoj kumar sinha, fitter helper, w.e.f. 29.10.1987 is justified? if not, to what relief the concerned workman entitled ..... the nationalisation act and the bhowra coke oven plant was ultimately handed over to bccl by the receiver. the management stated that it was the case of the concerned workman that he .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR749(Jhr)]
..... to the contrary- (a) every amount paid to the owner of every coking coal mine or group of coking coal mines under section 10, or of every coke oven plant under section 11, of the coking coal act, or to the owner of every coal mine or group of coal mines under section 3 of the coal mines act (hereinafter in either case referred to as the owner), shall be ..... 14 of the constitution of india. the act, which came into force on 23.12.1986, amended both the coking coal mines (nationalization) act, 1972 and the coal mines (nationalization) act. 1973. we are concerned here with the amendment to coal mines (nationalization) act, 1973 which came into force on 1.5.1973. it is not necessary to go into the ..... on the date immediately before the appointed day as if the provisions of section 10 or section 11 of the coking coal act or, as the case may be section 3 of the coking coal mines act, as amended by this act had been in force at all material times, and no such payment shall be called in question .....
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