Court : Patna
..... to as the emergency provisions act), which provided for taking over of the management of the coking coal mines by the central government from the appointed day i.e. october 17, 1971. thereafter coking coal mines (nationalisation act), 1972 (hereinafter referred to as the nationalisation act) was passed, whereby and whereunder on the appointed day, i.e. may 1 ..... , 1972 the right, title and interest of the owners in relation to the coking coal mines specified in the first schedule stood transferred to ..... in which these workmen were working till june 9, 1971. by operation of section 4 of the nationalisation act, the right, title and interest of the owners in relation to the coking coal mines stood transferred to and vested in the central government, free from all encumbrances. by the said act .....
Tag this Judgment!Court : Patna
..... right, title and interest of the plaintiff and his predecessor-in-interest over the suit property vested in the central government by operation of the coking coal mines (nationalisation) act, 1972, coal mines (nationalisation) act, 1973 and other corresponding acts? if so, whether the plaintiff has got any valid right, title and interest in such properly for ..... title and interest of the plaintiff and his pred-ecessors-in-interest over the suit property vested in the central government by the operation of the coking coal mines (nationalisation) act, 1972 and/or any other corresponding act? but the aforesaid judgment was set aside by the order dated 30-10-1998 in an appeal ..... of khata nos. 1 and 2 of village durgapuralong with the suit land vested in the central government by the operation of the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the 'nationalisation act'). according to the defendant, the land of khata no. 1 originally belonged to one p.o. hamir & co. .....
Tag this Judgment!Court : Patna
..... illegal and accordingly directed his reinstatement with back wages with effect from may 1, 1972, the date on which the coking coal mines were nationalized under the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the nationalisation act.). being aggrieved by the said award, the bharat coking coal limited (hereinafter referred to as the b.c.c.l.), which is a government company in which the assets of ..... the coking coal mines of bararee coke company have vested after nationalisation, filed a writ petition, c.w.j.c. no. 686/83(r), before this .....
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..... two civil revision applications have been referred to division bench for decision as to whether the order passed by the appellate authority under section 23(1) of (the coking coal mines (nationalisation) act, 1972 (hereinafter referred to as the act) is revisable by the high court under section 115 of the code of civil procedure.2. as the point ..... for the state in which the coking coal mine or coke oven plant, as the case may be, is situated and such appeal shall be heard and disposed of by not lets than two judges of that high court.provided further that any appeal which has not been preferred before the date on which the coal mines nationalisation laws (amendment) act, 1972, ..... an appeal will lie under section 23(1) of the act to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the coking coal mine or coke oven plant is situated, can it be said that such appellate court is not a court subordinate to the high court in my view, that cannot be .....
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..... 24, homi modi street, fort, bombay.4. m/s. bharat coking coal ltd. (in short to be referred as 'bccl') and eastern coal fields ltd. own various collieries in the state of bihar nationalised under the provisions of coking coal mines (nationalisation) act, 1972 and coal mines nationalisation act, 1973. the mining activities of the petitioners are regulated by the provisions of mines & mineral (regulation & development) act, 1957 (in short to be referred ..... manbhum and portion of the district of hazaribagh.7. section 54 of the aforesaid act provides for levy of tonnage cess on the annual despatches of coal and coke from each coal mines; payable by the owners of the mines. section 56(a) and 56(e) thereof provides for levy of water charges for supply of water for domestic and other purposes. jharia water board .....
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..... blt page 181. hon'ble justice satyeshwar roy, as then he was, held that the civil court's jurisdiction has not been ousted by the provisions of coking coal mines (nationalisation) act and a claim by a creditor can be maintained in civil suit against the owner of the colliery and it was further held that section 23 of the ..... or right to sue. the suit is barred under the provisions of t.p. act and that the civil court has got no jurisdiction after coming of the coal mines nationalisation act(hereinafter referred to as the act). as per provisions of the act, the same claims were preferred by the banking authorities before the assistant commissioner of ..... 97,017.91 p. the loan was taken by the defendant no. 1 for the development of coal mines and benefit of the said colliery. it is submitted that the coal mines of the defendant no. 1 was nationalised as per provisions of coal mines nationalisation act and the account of defendant no. 1 was frozen after the implementation of the vesting to the .....
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..... to revise the rent payable by the plaintiff. their lordships considering the different provisions of the bihar lands reforms act, coking coal mines nationalization act, 1972, mines and minerals (regulation and development) act, 1957 and the mineral concession rules, 1960 held that a mining lessee has to pay surface rent in terms of the provisions of rule 27(1) (d) of the mineral ..... required to be complied with by the petitioner prior to registration of sale-deed.2. the petitioner, m/s. bharat coking coal ltd. (shortly b.c.c.l.) is a government company primarily engaged in the activities of raising cooking coal which is used in steel plants, thermal. power stations and other industries. for the purpose of its activities, the petitioner ..... m.y. eqbal, j.1. in this writ application, the petitioner, m/s. bharat coking coal ltd., has prayed for issuance of appropriate writ in the nature of certiorari or any other appropriate, writ for quashing the direction of respondent no, 2, deputy commissioner .....
Tag this Judgment!Court : Patna
..... , there were controversial judgments by this court. the colliery owners had raised the question in such suits to the effect that in view of the provisions of cooking coal mines (nationalisation) act, 1.972, the jurisdiction of the civil court to entertain the claims of the creditors and others is barred and such claim can only be raised before ..... realisation of rs. 2,28,488.40p. along with interest etc. similarly, the same plaintiff-petitioner, punjab national bank filed title suit no. 51 of 1974 against bharat mining corporation ltd. and others for realisation of rs. 16,41,743.65p, along with other reliefs.3. both these cases are pending in the court of sub judge ..... considered the correctness of the decisions cited before us, and we have only held that the learned single judge while rendering the decision in m/s, bharat cooking coal limited had wrongly ignored the law as laid down in a binding precedent. since these appeals are pending for sometime, we have no doubt that the bench hearing .....
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..... village budroochak and kumarjuri also comes below that aerial ropeway. an agreement by way of licence has been executed between the then owner of the chaitudih coal mines namely m/s. burrakar coking coal company ltd. and the defendant no. 1 company on 31.5.1959 for erecting trestles, etc. for the purpose of running of the ropeway. the ..... having its registered office at koyla bhavan, dhanbad and carries on the business of extraction of coal from coal mines located in the district of dhanbad. the colliery of katras chaitudih was a private coking coal company and after the coming up of the coal mines nationalization act, the same has been vested in the central government, w.e.f. 1. ..... a railway siding falls within the pathway of ropeway, defendants had to make an agreement with the owner of the mines. m/s. bccl has stepped into the shoes of the erstwhile owner after the nationalisation of the mines and as such the agreement, ext., is binding on m/s. bccl the plaintiff also. on this legal aspect .....
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..... central government may fix. (7) the audit of the statement of accounts shall be conducted in such manner as the central government may direct.' by virtue of the coal mines nationalisation law amendment act, 1986, sub-section (8) was added/substitued. sub-section (8)as inserted reads as under:-- '(8) the statement of accounts audited under sub ..... grave error of law in allowing the appeal only onthe ground of the amended provisions inserted in section 19 of the 1973 act by virtue of the coal mines nationalisation law (amendment) act, 1986. learned counsel submitted that even assuming that sub-section (8)of section 19 of the act as amended by the aforesaid ..... and set aside the order passed by the assistant commissioner, payments, dhanbad, the appellate court mainly relied on the amended provisions of section 19 of the coal mines nationalisation act. the appellate court held that the claim of the appellant claimant could not have been rejected in view of the provisions of section 19(8) of .....
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