Judgment Search Results Home > Cases Phrase: coking coal mines nationalisation act 1972 section 5 acquisition of rights of owners of coke oven plants Court: mumbai Page 1 of about 2 results (0.078 seconds)

Harsha NitIn Kokate Vs. the Saraswat Co­op. Bank Ltd. and ors.

Court : Mumbai

Reported in : 2010(112)BomLR2014

..... dr. m faruqui (supra) that the term vest is a word of variable import. in that judgment the right, title and interest of the coke oven plant which is vested in the central government under the coking coal mines (nationalisation) act, 1972 was considered. in that case the appeal of the company, in which the right, title and interest of the owners of the plants ..... for which the vesting in possession alone would take place; the ownership would not vest.23. considering some of these judgments it has been held in the case of bharat coking coal ltd. v. karam chand thapar & bros. 2002 (8) scale 388 that the term vest in common english acceptation would mean and imply conferment of ownership of properties upon a person .....

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 .....

The National Bicycle Corporation of India Limited, Bombay Vs. Gopal B. ...

Court : Mumbai

Reported in : 2002(5)BomCR470; (2002)4BOMLR473; [2002(95)FLR751]; (2002)IIILLJ787Bom; 2002(2)MhLj850

..... act, 1972 is pari materiasimilar to section 13 of the nationalisation act. theapex ..... coking coal ltd. and ors., 1978 (2) llj 17.in the case before the apex court, the correctinterpretation of section 9 of the coking coal minesnationalisation act, 1972 read along with section 17was laid down. section 9 of the coking coal minesnationalisation act, 1972 is similar to section 5 ofthe nationalisation act. section 17 of the cokingcoal mines nationalisation ..... day for the contravention of any provisionof law would be enforceable against the governmentcompany.6. section 13(1) of the nationalisation actrelates to continuance of the services of theemployees with the government company afternationalisation. section 13 reads as follows :-'continuance of .....

The National Textile Corporation (South Maharashtra) Ltd. Vs. Shramik ...

Court : Mumbai

Reported in : 1991(1)BomCR160; (1990)92BOMLR492; (1993)IIILLJ277Bom

..... act before us is very different from the scheme of the act before the supreme court. and observations of the supreme court regarding section 9 of the coking coal mines (nationalisation) act cannot be blindly applied to section 3(7) of the present act. 12. now, is there anything in the scheme of the act before ..... company. 10. we do not see how this decision helps in the interpretation of section 3(7) of the present act. section 9(1) of the coking coal mines (nationalisation) act, 1972 provides generally for the enforcement of liabilities incurred prior to the appointed day against the owner and not against the central government or the government ..... have relied upon a decision of the supreme court in the case of the workmen v. the bharat coking coal ltd. reported in : (1978)iillj17sc . the case before the supreme court involved the interpretation of section 9 of the coking coal mines (nationalisation) act. under section 9 of that act it was provided as under: 9. central government not .....

National Textile Corpn. (South Maharashtra) Ltd. Vs. Bhagirathi Gopal ...

Court : Mumbai

Reported in : [1991(62)FLR601]; (1992)IILLJ111Bom

..... central government or the custodian in view of section 3(7) of the taking over act. it may be true that unlike section 9(2) of the coking coal mines nationalisation act (act no. 36 of 1972), section 3 (7) of the act does not specifically exclude liability in respect of gratuity or pension. however, that fact ..... the liability to make payment of gratuity, it is necessary to refer to the provision itself. the provision reads thus :'(f) 'employer' means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop - (i) ...... (ii) ..... (iii) in any other case, the person, who, or the authority which, has the ..... ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, on managing director or by any other .....

Municipal Corporation of Greater Bombay and ors. Vs. N.A. Qureshi and ...

Court : Mumbai

Reported in : 1986(2)BomCR315

..... who in actual use and physical possession and enjoyment of colliery is occupier within the said expression as used is section 3(a) of the cooking coal mines nationalisation act, 1972 read with section 2(1) of the mines act, 1952. however, it is pertinent to note that it was so held by the supreme court because the petitioner therein were in possession of .....

Akanksha International Through Its Proprietor Mrs. Anju Suryaprakash D ...

Court : Mumbai

Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753

..... had executed a sale deed in respect of property (bungalow and lands) owned by company on 20.3.1972. the coal mines (nationalisation) act, 1973 vesting in the central government right, title and interest of owners of coal mines specified in schedule, came into force on 1.5.1973. admittedly the appellant purchasers of property were the wives of the two directors of the company ..... of one of its members. there is no change in the ownership in real sense.27. here we may refer to the case of subhra mukherjee and anr. v. bharat coking coal ltd. and ors. : air2000sc1203 . in that case, their lordships considered the doctrine of lifting of corporate veil. there was allegation of sham and collusive transaction by the company. the high .....

M/S. Shivraj Fine Art Litho Works and Others Vs. the State of Maharash ...

Court : Mumbai Nagpur

..... not the market value. the learned in-charge government pleader in this respect relies on the judgments of the apex court in sanjeevcoke manufacturing company vs. m/s. bharat coking coal limited and another {(1983) 1 scc 147}, maharashtra state electricity board vs. thana electric supply co. and others {(1989) 3 scc 616}, state of maharashtra and ..... this effect in the act is fully supported by the undisputed facts mentioned in the statement of objects and reasons and the preamble. the alternative to the nationalisation of this industry in the manner it is done by this act is liquidation and unemployment of all the employees of the undertaking. the act ensures continuance ..... under article 31c of the constitution. the observations of apex court in paras 43, 44 and 48 are relevant, which read thus : 43) the idea of nationalisation of a material resource of the community cannot be divorced from the idea of distribution of that resource in the community in a manner, which advances common good. .....

Omprakash S/O Jiwandas Miglani Vs. Coal India Limited, a Government of ...

Court : Mumbai Nagpur

..... nothing left for making any regulations and much less to the contrary. 7. our attention is invited to section 52 of the mines act and judgment of hon'ble supreme court in the case of jaswant singh gill .vrs. bharat coking coal ltd. and others reported in (2007) 1 scc 663 and judgment of this court in writ petition no. 3430/2010 ..... of earned leave and 293 days of half pay leave. 3. the facts which are not in dispute are as under: on 03.03.1976, the petitioner joined the nationalised coal sector as assistant welfare officer (trainee) in western coalfields limited at korba and continued there till 12.06.1984. thereafter, he was posted from 14.06.1984 to 30 ..... was levied. the petitioner asked for leave encashment of 220 days earned leave with full pay and 219 days half pay leave after deduction of coal mine's provident fund as per section 52[8] of the mines act, 1952. however, that request was rejected on the ground that the leave encashment is not admissible to the employees whose services are .....

Omprakash S/O Jiwandas Miglani Vs. Coal India Limited, a Government of ...

Court : Mumbai Nagpur

..... left for making any regulations and much less to the contrary. 7. our attention is invited to section 52 of the mines act and judgment of hon'ble supreme court in the case of jaswant singh gill .vrs. bharat coking coal ltd. and others reported in (2007) 1 scc 663 and judgment of this court in writ petition no. 3430/2010 ..... of earned leave and 293 days of half pay leave. 3. the facts which are not in dispute are as under: on 03.03.1976, the petitioner joined the nationalised coal sector as assistant welfare officer (trainee) in western coalfields limited at korba and continued there till 12.06.1984. thereafter, he was posted from 14.06.1984 to 30. ..... was levied. the petitioner asked for leave encashment of 220 days earned leave with full pay and 219 days half pay leave after deduction of coal mine's provident fund as per section 52[8] of the mines act, 1952. however, that request was rejected on the ground that the leave encashment is not admissible to the employees whose services are .....