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 : 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 : 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 : 2000(3)MPHT172
ORDERDipak Misra, J.1. 'Awake, Arise, 'O' Partha', Lord Krishna thus commanded Arjun, his chosen 'Sakha' and dearest disciple, during the war of Mahabharata to carry on the crusade against the 'Adharma'. Many a determined and dedicated crusaders have selflessly fought against evil being inspired by their 'Gums', enthused by their self-protested ideals and sometimes emboldened by the mandate of the majesty of law which has to rule supreme in every circumstance and on each occasion performing its noble duty of a great leveller. With the aforesaid attitude, tenacity, devotion and consecration respondent Nos. 3 and 4, namely, the Director General, Special Police Establishment and the Superintendent of Police, Special Police Establishment have drawn an FIR contained in 'Annexure P-26' to this Writ Petition against the present petitioner, the erstwhile Minister of Housing and Environment, Department of State of Madhya Pradesh for offences punishable under Sections 13(1)(d) and 13(2) read wit...
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 : AIR1977MP74; 1977MPLJ74
Shiv Dayal, C.J.1. This writ petition and the other writ petition (Misc. Petition No. 35 of 1976) under Article 226 o the Constitution challenge the validity of the M. P. Dhan Parichalan Skeem (Pratishedh) Adhiniyam, 1975 (Act No. 19 of 1975) (hereinafter referred to as the Act), on the ground of want of legislative competence in the State Legislature, as also for vagueness and arbitrariness and as a colourable piece of legislation and fraud on the Constitution, and further as violative of the fundamental right under Article 31 of the Constitution. During the course of the final hearing of these petitions, leave was sought to amend them. It was granted as the learned Advocate-General had no objection. By the amendment, the Act is further challenged as in contravention of Articles 301 to 304 of the Constitution.2. Section 3 of the Act reads thus:--'No person shall promote or conduct any money circulation scheme or enrol as a member in any such scheme, or participate in it otherwise, or ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2807
..... in a court of law that the prime minister was guilty of corruption, the president has power to give sanction to prosecute him under the prevention of corruption act.(underlining mine)39. i have found in preceding paragraph of my judgment that the 'doctrine of necessity' cannot be invoked so as to enable the governor to exercise his own discretion. judgment ..... police establishment under the lokayukta to prosecute shri b.r. yadav and shri rajendra kumar singh under section 120b of the i.p.c.sd/- dr. bhai mahavir,governor.(underlining mine)15. it is the stand of the petitioners that the council of ministers having taken a decision not to sanction the prosecution, governor of the state acted beyond his power .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2008)17VST465(MP)
..... government that so many registered dealers were either misusing form c for the purposes of import or were using bogus form c instead of purchasing petroleum products from the same nationalised companies in the state of m.p. keeping in view the aforesaid, the concept of levy of entry tax was introduced and the notification was issued, this has a wholesome ..... to industrial units, not to any individual and the individual has to buy the petroleum products only from the authorised petrol pump which purchases petroleum products from regional depots of nationalised companies situated within the state of m.p. it is also put forth by him that keeping in view the collective good and to avoid the evasion of tax, the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1975CriLJ713
P.K. Tare, C.J.1. This order shall govern the disposal of both the cases mentioned above. These are references under Section 438 of the Code of Criminal Procedure. 1898, made bv the Fourth Additional Sessions Judge, Jabalpur, and the Fifth Additional Sessions Judge. Jabalpur. respectively recommendinp that the committal orders, dated 30-3-1973 and 21-4-1973, passed bv the Juvenile Court. Jabalpur, in Criminal Case No. 120 of 1972 and Criminal Case No. 54 of 1973, respectively, committing the respective accused to stand his trial in the Sessions Court for an alleged offence under Section 376, I. P. C, be quashed on the ground that in view of the provisions of the Madhya Pradesh Bal Adhiniyam. 1970. a Juvenile Court alone has the jurisdiction to hold an inquiry and consequently, the Sessions Court has no jurisdiction to proceed with the trial of the respective accused.2. In the present case, the two accused, Ramesh and Shivram alias Munna, who are boys aged about 14 and 11 vears respecti...
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