Court : Kolkata
Reported in : 2007(2)CHN226
..... kumar banerjee, j.1. appellant company being the successor-in-interest of thapar intrafor company of india ltd., filed the above writ petition inter alia challenging the vires of the coal mines (nationalisation) act, 1973 (hereinafter referred to as 'the act of 1973') as well as for a writ of mandamus commanding the respondents directing to hand over the plant and machinery mentioned ..... 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 situated, if solely used for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(112)FLR196]; [2007(1)JCR129(SC)]; JT2007(1)SC6; (2007)IILLJ206SC; 2006(11)SCALE624
..... joined as a chief general manager. he was working in a coking coal mine which vested in the bharat coking coal limited pursuant to an appropriate notification issued by the central government either under section 7 of the coking coal mines (nationalisation) act, 1972 or section 5 of the coal mines (nationalisation) act, 1973. 3. a chargesheet was issued against him ..... on the allegation of shortage of stock of coal in lodna area of respondent no. 1. during pendency of the ..... exonerated.8. the act was enacted with a view to provide for a scheme for payment of gratuity to employees engaged inter alia in mines. section 3 of the act provides for appointment of an officer to be the controlling authority. controlling authority is to be responsible for administration .....
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 : [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 : [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 : Chennai
Reported in : [2006]287ITR561(Mad)
..... arose before the supreme court in the decision 1 reported in subra mukherjee v. bharat coking coal ltd. : air2000sc1203 . in the said case, directors of a private coal mining company executing sale deed in respect of property (bungalow and lands) owned by company on march 20, 1972, and the coal mines (nationalisation) act, 1973, coming into force on may 1, 1973. pointing out that the purchasers of ..... the case of husband and wife, learned senior counsel for the auction purchasers has relied upon the decisions reported in parvinder singh v. renu gautam : air2004sc2299 , subra mukherjee v. bharat coking coal ltd. : air2000sc1203 , madras bangalore transport co. (west) v. inder singh : air1986sc1564 , cit v. sri meenakshi mills ltd. : [1967]63itr609(sc) , juggilal kamlapat v. cit : [1969]73itr702(sc) .112. it is .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)IILLJ687All
..... in the central government and subsequently in the bharat coking coal company ltd. both were made respondents before the tribunal. the award was delivered subsequently reinstating the employee with back wages fixing ..... represented by the bihar colliery kamgar union and bharat coking coal ltd. and ors. reported in air 1978 sc 979 : 1978 (37) flr page 144 wherein similar situation arose. industrial dispute with regard to dismissal of some of the employees of the new dharmaband colliery was pending on the date of enforcement of coking coal mines nationalization act, 1972. the new dharmaband colliery which vested .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3425; [2005(4)JCR1(SC)]; JT2005(8)SC77; (2005)7SCC492
..... officer makes it clear that before taking the action, an opinion of the advocate general of the state of bihar was sought by the respondent. referring to the provisions of coking coal mines (nationalisation) act, 1972, the advocate general opined that such amount could be claimed by the state government from the appellant-company. reference was made to sections 6 and 7 of the ..... certificate proceedings could not have been initiated under the bihar & orissa public demands recovery act, 1914, in view of the provisions of coal bearing areas (acquisition and development) act, 1957, mines and minerals (regulation and development) act, 1957 and also the coking coal mines (nationalisation) act, 1972. but it also cannot be overlooked that the action has been taken under the bihar & orissa public demands recovery .....
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 : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
..... on 9.6.1971 owing to operational and financial problems and later on the management was taken over by the central government under the coking coal mines (emergency provisions) act, 1971 followed by the coking coal mines (nationalisation) act, 1972. before the said bench, the decision in anakapalla cooperative agricultural and industrial society ltd. (supra) was referred to but ..... before the appointed day' contained in section 13 of the said act vis-a-vis section 17 of the 1972 act is of some importance. the coking coal mines which stood nationalized by reason of the 1972 act were running concerns whereas admittedly the undertaking of the company had not been functioning and the enactment ..... ors. : (1978)iillj17sc and workmen represented by akhil bhartiy koyla kamgar union (supra) rendered on interpretation of provisions of section 17 of the coking coal mines (nationalization) act, 1972 (hereinafter referred to as 'the 1972 act'). it is no doubt true that the provisions of section 17 of the .....
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