Court : Kerala
Reported in : 2010(1)KLT65
..... 1983 sc 239:shri ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with the hollowness or the self-condemnatory nature of .....
Tag this Judgment!Court : Kerala
..... ownership of the resources must vest in the community i.e. the state. a legislation such as the coking coal mines (nationalisation) act may be a legislation for the acquisition by the state of coking coal mines and coke oven plants belonging to private parties but it is not a legislation towards securing that the ownership and ..... it means and includes all resources, natural and man-made, public and private-owned.22. in view of the foregoing discussion, we hold that the coking coal mines (nationalisation) act, 1972 is a legislation for giving effect to the policy of the state towards securing the principle specified in article 39(b) of the ..... shri ashoke sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal limited and commented severely on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with .....
Tag this Judgment!Court : Kerala
Reported in : (1992)IILLJ330Ker
..... though some observations were made, which could only be treated as obiter, that judgment itself shows that what came up for consideration therein was only whether the coking coal mines (nationalisation) act, enacted under article 39(b), was immune under article 31c from attack on ground of violation of articles 14 or 19,7. a division bench ..... and what came up for consideration in that case was only the correctness of a division bench decision in bharat coking coal ltd. v. p.k. agarwala 1979(3) scc 609 holding that term 'coking coal mine' does not include a coke oven plant and whether the act challenged therein was saved by article 39(b) or not. according to them, ..... 1983-sc-239 (supra). that was the view taken in the decision in bapuji educational association v. state (air) 1986 karnalaka 119 (supra) also. 8. sanjeev coke's case (supra) could not and did not overrule minerva mills case(supra). a constitution bench of five judges cannot overrule another decision of a constitution bench of the .....
Tag this Judgment!Court : Kerala
..... down in paragraph 25:"5. shri ashok sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal company and commented severally on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the w.a. no. 250 of 2011 -:98. :- ultimate analysis, we are not really to concern ourselves .....
Tag this Judgment!Court : Kerala
Reported in : AIR1999Ker93
..... in competition with and even to the exclusion of all motor transport operators. these extensive powers were given to the provincial government to carry out and implement the policy of nationalisation of the road transport business adopted by the government. at the date of the passing of the amending act, there was no such thing as fundamental rights of the citizens ..... daily newspaper (price and page) order, 1960 on the ground that it violated article 19(1)(a) of the constitution. the culmination of this thought process came in the bank nationalisation case where it was held by the majority, speaking through shah, j., that extent of protection against impairment of a fun-damental right is determined by the direct opera-tion .....
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