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Judgment Search Results Home > Cases Phrase: coking coal mines nationalisation act 1972 section 5 acquisition of rights of owners of coke oven plants Sorted by: old Page 1 of about 34 results (0.044 seconds)

May 27 1976 (HC)

Bharat Coking Coal Limited Vs. Kalachand Mitra and ors.

Court : Kolkata

Reported in : (1977)ILLJ27Cal

..... that the writ of mandamus issued by the learned judge in the trial court declaring the respondent-petitioner kalachand mitra to be entitled to the benefits of section 17 of coking coal mines (nationalisation act) 1972 must be upheld. it is not in dispute that the said respondent would be entitled to such benefits if it be found that immediately before the appointed day ..... , 1971 and the 'appointed day' as mentioned hereinbefore remained the same. thereafter, on or about january 12, 1972, bharat coking coal ltd., the appellants herein, a government company, were appointed as the custodian of the said colliery. then came the parliamentary legislation of coking coal mines (nationalisation) act, 1972 on august 17, 1972 (hereinafter referred to as the 1972 act), making provisions for the acquisition and .....

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Dec 10 1982 (SC)

Sanjeev Coke Manufacturing Company Vs. Bharat Coking Coal Limited and ...

Court : Supreme Court of India

Reported in : AIR1983SC239; 1982(2)SCALE1193; (1983)1SCC147; [1983]1SCR1000

..... already nationalised under the coking coal mines (nationalisation) act are left out of the coal mines (taking over of management) act and the coal mines (nationalisation) act, 1973. of course, coke oven plants situated away from the mines are not touched by either the coal mines (nationalisation) act, 1973 or the coking coal mines (nationalisation) act, 1972.7. the final result of these statutes is that all coal mines known to exist in the country are nationalised, whether they are coking coal mines or non-coking coal mines .....

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Apr 20 2010 (HC)

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 .....

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May 09 1980 (SC)

Tara Prasad Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042

..... they are two distinct minerals.in support of these submissions shri seervai relies very strongly on the definition of 'coal mine' in section 2(b) of the coal mines (nationalisation act, 26 of 1973, and the definition, by contrast, of 'coking coal mine' in section 3(c) of the coking coal mines (nationalisation) act, 36 of 1972.54. these submissions are met by the learned attorney general with the answer that if ..... point the coking coal mines (nationalisation) act of 1972 and the coal mines (nationalisation) act of 1973 cover the whole field of 'coal' which was intended to be nationalised. the titles of the two acts and the various provisions contained therein show that what was being nationalised was three distinct categories of mines : mines containing seams of coking coal exclusively; mines containing seams of coking coal along with seams of other coal; and mines containing seams of other coal. though .....

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Aug 07 1980 (SC)

industrial Supplies Pvt. Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Reported in : AIR1980SC1858; [1980(41)FLR248]; (1980)4SCC341; [1981]1SCR375; 1980(12)LC863(SC)

..... by the central government, in the public interest, of the management of 214 coking coal mines and 12 coke oven plants, including the coal mines in question, pending nationalisation of such mines. the ordinance was replaced by the coking coal mines (emergency provisions) act, 1971. thereafter, parliament enacted the coking coal mines (nationalisation) act, 1972 to complete the process of nationalisation of the coking coal mines and coke oven plants. it was entitled as 'an act to provide for the ..... acquisition and transfer of the right, title and interest of the owners of the coking coal mines specified in the .....

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Nov 13 2002 (SC)

Bharat Coking Coal Ltd. Vs. Karam Chand Thapar and Bros. Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : JT2002(9)SC267; (2003)1SCC6

..... before this court is as to whether the buildings and structures said to be belonging to the appellant can be termed to be a mine within the meaning of section 3(j)(vi) of the coking coal mines (nationalisation) act, 1972. the said statutory provision reads as below:'3.(j)(vi)-all lands, buildings, works, adits, levels, plants, ..... to or in a mine or in connection with a mine or relating to a mine. some kind of nexus has to be there before any building or any ..... machinery and equipments, vehicles, railways, tramways and sidings belonging to or in, or about a mine.'it is on this score, the high court in appeal stated as below:'therefore, one has to construe section 3(j)(vi) of the coking coal mines (nationalisation) act, 1972 as providing for 'all lands, buildings, works, adits, levels and sidings belonging .....

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May 06 1949 (PC)

Wilsons and Clyde Coal Co. Vs. Scottish Insurance Corporation

Court : House of Lords

..... some importance that the scheme cuts out the preference stockholders from any chance of getting favourable adjustment of their interests in the company's assets under section 25 of the coal industry nationalisation act, 1946. as will appear hereafter, however, i attach very little weight to this point. my first reason is of great importance. if the preference stockholders are not entitled ..... facts? this company's capital structure consists of preference and ordinary stock in the ratio of roughly 1 to 13. its business was coal mining, and on 1st january 1947 its collieries and working assets passed to the national coal board in exchange for a share, as yet undetermined, in the global sum of compensation. liquidation is inevitable. the company's substratum is .....

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Apr 09 1973 (HC)

New Chhatabar Coal Co. Ltd. and anr. Vs. J.G. Kumarmangalam and ors.

Court : Kolkata

Reported in : AIR1974Cal242

..... powers under article 123(1) of the constitution of india promulgated an ordinance known as the coal mines (taking over of management) ordinance, 1973 (referred to as 'the said ordinance' hereinafter) for the purpose of taking over the management of coal mines containing coal pending the nationalisation of the said mines. the said ordinance came into effect on january 31, 1973. in the schedule to the said ..... (2) of section 3' shall be substituted. (3) for the removal of doubts it is hereby declared that the schedule includes those coal mines in relation to which the declaration made by the coal board to the effect that they contain coking coal is in dispute.''5. (1) the central government may, as soon as it is convenient administratively so to do, appoint any person .....

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Sep 25 1974 (HC)

In Re: Tata Iron and Steel Company Ltd.

Court : Mumbai

Reported in : [1975]45CompCas355(Bom)

..... is the true scope and ambit of the said provision did not arise for determination before it. the facts in that case were that upon nationalisation of its banking business under the banking companies (acquisition and transfer of undertakings) act, v of 1970, the old central bank had stopped carrying ..... by lease, sub-lease, grant, assignment, transfer or otherwise any leases, prospecting licences, grants or concessions of any coal and mineral lands, coal or other mines, mining rights, concession and property believed to contain coal or other minerals from any person or persons, firm, syndicate, company, corporation, government, municipality and to perform and ..... are : (a) to carry on in india and elsewhere the trade or business of iron masters, steel makers, steel converters, manufacturers of ferro-manganese, colliery proprietors, coke manufacturers, minders, smelters, engineers, tin plate makers and iron founders, in all their respective branches; and (b) to search for, get, work, raise, make .....

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Feb 16 1976 (HC)

Shethia Mining and Manufacturing Corporation Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Reported in : [1977]39STC246(Cal)

..... were very much different from the facts of the instant case before me. further, in the view i have taken of the effect of section 3 of the coal mines (nationalisation) act, 1973, it is not necessary for me to rest my decision on the ratio of the aforesaid decision referred to hereinbefore. in an appropriate case, if ..... the same management;(x) all lands, buildings and equipments belonging to the owners 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 ..... 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)] .....

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