Judgment Search Results Home > Cases Phrase: oilfields regulation and development act 1948 Court: madhya pradesh Page 1 of about 82 results (0.110 seconds)

M.P. Lime Manufacturers' Association, Katni and Ors. Vs. State of Madh ...

Court : Madhya Pradesh

Reported in : AIR1989MP264; 1989MPLJ561

..... act was wider in scope and amplitude than section 6 of the mines and minerals (regulation and development) act 1948, that clause (i) of sub-section (2) of section 6 of the act of 1948, contained a provision for levy of taxes in respect of minerals and, therefore, the wider power conferred by section 18(1) of the m.m.r.d. ..... 708) :'that the declaration in section 2 of the mines and minerals (regulation and development) act 1957 does not result in invalidation of every state legislation relating to mines and minerals is demonstrated effectively by the decision in state of haryana v. ..... the material facts giving rise to these petitions briefly are as follows :(i) the petitioners hold mining leases under the provisions of the mines and minerals (regulation and development) act, 1957, hereinafter referred to as the m.m.r.d. ..... it was contended on behalf of the sugar undertakings that since sugar is a declared industry under the industries (development and regulation) act 1951, parliament alone was competent to pass a law on the subject and the state legislature had no competence to pass the impugned act by reason of entry 52, list i, read with entry 24, list ii. ..... act that the regulation of mines and mineral development under the control of the union was expedient in the public interest, the entire legislative field relating to mines and minerals was occupied and the state lost its legislative power in respect of that occupied field. .....

Govind Prasad Sharma Vs. Board of Revenue and ors.

Court : Madhya Pradesh

Reported in : AIR1965MP66; 1965CriLJ301; 1965MPLJ179

..... again, neither the terms of the mining lease which the petitioner, obtained from the government, nor the mines and minerals (regulation and development) act, 1948, and the mineral concession rules, 1949, made thereunder cast any duty on the petitioner to see that the contractor employed by him: did not extract minerals from any area not leased out to him or commit ..... the agreement, which was for a duration of three years, inter alia required the raising contractor to 'observe and perform' all the mining rules and regulations and all other labour laws in force and made the contractor alone responsible for payment of damages, loss or liabilities arising out of day to day working of the mine, resulting from neglience or non-observance of the mining rules and regulations or of labour laws in force for the time being. ..... an independent, contractor, but held that the petitioner was still, liable for the acts of the independent contractor as the rule that a person could not be vicariously liable for the work of an independent contractor was not an absolute rule.in taking this view the learned member of the board of revenue overlooked, the distinction between a servant, an agent and an independent contractor, and failed to note, the limited exceptional cases in which the rule that an employer ..... it is plain from the above provisions of section 228 that their purpose is to conserve the minerals, mines and quarries of the state and to regulate the extraction of minerals. .....

State of Madhya Pradesh Vs. M. Hassonjee and Sons

Court : Madhya Pradesh

Reported in : AIR1957MP135

..... per ton only as the agreement to pay enhanced rate of royalty was void inasmuch as it contravened rule 50 of the mining rules then in force, and also because it was contrary to the provisions in section 4 and rules made under section 5 of the mines and minerals (regulation and development) act, 1948.it was also contended that the agreement was executed on a representation from the state government that the mining rules were being amended to raise the rates of ..... now consider the effect of section 4 of the mines and minerals (regulation and development) act 1948 (act 53 of 1948) and the rules framed under section 5 thereof. ..... of the fact that the lands vest in the states, that entry gives power to parliament to legislate for 'regulation of mines and mineral development to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest. ..... 20th may, 1899, the governor general in council is pleased to prescribe the following rules for regulating the grant by the local government of licenses to prospect for minerals and the grant of mining leases in british india... ..... all the lands, buildings and other property belonging to the government of india vested in his majesty and the secretary of state for india acted for his majesty.the constitutional position changed in 1935 and the provinces were for the first time given an independent status in certain matters and the government properties became vested .....

Birla Jute Manufacturing Co. Ltd. Vs. the State of Madhya Pradesh and ...

Court : Madhya Pradesh

Reported in : AIR1982MP225

..... the limestoneso used is extracted from the limestonemines of the petitioner which are heldunder a lease granted to it by the stateof madhya pradesh under the minesand minerals (regulation and development) act, 1957, as a major mineral.the mining lease granted to the petitioner covers 10 square kilometerswhich can be used for the sole purposeof setting limestone as raw material formanufacture of cement in its ..... within the mining lease area where the petitioner's crushing unit is located are a mine as the crushing of limestone is a process ancillary to the getting, dressing or preparation for sale of limestone within section 2(1)(j)(x) of the mines act and so the rate of duty chargeable for the electrical energy consumed in this crushing unit is 12 paise per unit in accordance with clause 1 (a) of the table read with explanation (b) (1). ..... it is argued that the crushing of limestone in the crushing unit is not a mining operation nor it is a process ancillary to the getting, dressing or preparation for sale of limestone and that it is a process ancillary to the manufacture of cement, in this connection it is pointed out that breaking of limestone into small pieces is the first step in the manufacture of ..... of 1948); (c) 'factory' means a factory registered under the factories act, 1948 (no. ..... 63 of 1948); and includes premises used for the purposes of industries which require raw materials for carrying on the manufacturing process and prepare finished goods for sale.' ..... 1948 .....

Rajaram Bhiwaniwala and ors. Vs. Nandkishore and ors.

Court : Madhya Pradesh

Reported in : AIR1975MP104

..... tahsildar, pargana gird, 1968 mplj 919 = (air 1969 madh pra 48) it was held while dealing with a case under mines and minerals (regulation and development) act, 1957 that the word 'due' merely means 'payable' without reference to any time ..... ' the same principles, in my opinion, should govern the construction of section 7 of the act, as adopted in ilr (1948) nag 203 = (air 1949 nag 31) (supra), which has become part of the settled ..... the decision in ilr (1948) nag 203 = (air 1949 nag 31) (supra) has been followed uniformly in this court for the last about 25 years, and thousands of money-lending transactions have been reopened by the courts in exercise of the power under section 7 of the act, until its soundness was challenged in ..... view of the majority the decisions in ilr (1948) nag 203 = (air 1949 nag 31) and 1959 mplj 50 must be held to be ..... therefore, of the opinion that ilr (1948) nag 203 = (air 1949 nag 31) and 1959 uplj 50 were rightly decided. ..... 'after referring to the decisions in ilr (1948) nag 203 = (air 1949 nag 31) (supra), and 1959 mplj 50 (supra), the bench further observes :'with great respect, we are unable to agree that express words are not necessary to give power to ..... the weight of authority in this court since 1948 is so strongly in favour of the view in ilr (1948) nag 203 = (air 1949 nag 31) (supra), that we ought to follow it as if it were a settled ..... badriprasad janki-prasad, ilr (1948) nag 203 = (air 1949 nag 31) and it was merely followed by another division bench in 1959 .....

ispat Khadan Janta Mazdoor Union. Vs. the Director, Steel Authority of ...

Court : Madhya Pradesh Jabalpur

..... and they were not paid similar wages as regular workers for similar work violating the statutory right of the workers under the mines act and under contract labour (regulation and abolition) act, 1970 (in short "clra act ..... and servant between the contractor and ..... and ..... clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking ..... government" as stood in the clra act, on the answer to a further ..... act.the apex court has further laid down that by enacting clra act ..... and thereafter also till 1996, and still it is not disputed at bar the work is being taken by and ..... and ..... act on 17.3.93 employment of contract labour by sail under the contract can be said to be sham and bogus and the sail has to take the work prohibited under section 10(1) of the notification from regular workmen not from contract labour, and ..... and declare that any direction issued by any industrial adjudicator/any court including the high court, for absorption of contract labour following the judgment in air indias case (supra), shall hold good and ..... and ..... act, 1952 has also been referred to by the union which provides for registers of persons employed, other details, nature of employment, and ..... and their unions including hms and employing workers through contractors on jobs of permanent and perennial nature in mines between 5-20 years even without ensuring statutory wages and service conditions was legal, fair and ..... and various articles of universal declaration of human rights, 1948 .....

Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...

Court : Madhya Pradesh

Reported in : 2002(1)MPHT179

..... ) whether or not,-- (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948; (b) any activity relating to the promotion of sales or businessor both carried on by an establishment, but does not include- (1) any agricultural operation except where such agricultural operation is carried ..... on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one; explanation :-- for the ..... kondhare, 1996 (1) slr (sc) 56, the question considered by the supreme court was whether the functions of a forest department of state for creation of a park under bio-aesthetic development for the benefit of the urban population could be called sovereign function. ..... were made applicable to all the public sector undertakings, corporations, boards, local bodies, development authorities and co-operative societies in which government share is 51%.3. .....

Gram Sewa Samiti Vs. Regional Commissioner, Employees' Provident Fund

Court : Madhya Pradesh

Reported in : (1997)IILLJ1202MP

..... p.and another) decided on september 6, 1996 in case of increased rate of royalty under section 25 of the mines and minerals (regulation and development) act, 1957 which was not paid as was ..... which was without any specific direction in respect of the default of non-deposit of the contribution under the act and scheme which the petitioner may incur under section 14b of the act, therefore, the petitioner cannot contend that the petitioner was bonafidely contesting the applicability of the provisions of the act and that when the decision of the supreme court came in bangalore water supply (supra), the petitioner withdrew the ..... therefore, merely because the petitioner even bonafidely was contesting that the provisions of the act are not applicable, would not absolve the petitioner of its liability from depositing the amount of the contribution under the act and scheme created for the welfare of the employees, that is the view taken by the division bench of this ..... after close of the hearing the petitioner was granted an opportunity to file a statement to demonstrate how many employees retired or left the employment and further whether any employees were appointed or not, but, the petitioner did not place any material to establish the number of employees working in the establishment of the petitioner in each of the years ..... public trusts act, 1951 established with donations for carrying out and functioning since 1948 with its head office at raipur and branch office at many places in the .....

The Central Provinces Syndicate Pvt. Ltd. Vs. Smt. Sita Devi and ors.

Court : Madhya Pradesh

Reported in : AIR1973MP134; [1974]44CompCas46(MP); 1973MPLJ300

..... 235 while dealing with a case under coal bearing arens (acquisition and development) act, 1957. ..... lordships held that the second part of section 202 which refers to 'the manner' and 'the conditions subject to which the appeals may be had' must be construed as merely regulating the procedure to be followed in the presentation of the appeals and of hearing them, the period of limitation within which the appeal is to be presented and the forum to which appeal would he, and does not restrict or impair the substantive right of appeal which has been conferred by ..... we may here mention that shri dharmadhikari, learned counsel for the appellant was unable to urge anything substantial to impeach the finding of the trial court on this point and it seems that shri padhye learned counsel for the syndicate was also unable to put forth any plausible arguments in favour of the syndicate in the trial court as observed by the trial court in paragraph 62 of ..... relevant part of the application is as follows: 'the receiver may also be permitted to proceed with the construction of the new incline and pit, and the receiver agrees to recover the cost of constructing this incline and pit by adjusting depreciation in the same manner as he is recovering the cost of all capital expenditure incurred by him upto 31st march, ..... the balance of the guaranteed profits towards the capital expenditure (vide page 906 of paper book, part iii) while in their final claim on 7-4-1948 they included capital expenditure of rs. .....

H.E. Education Society, Barkheda, Bhopal Vs. the Appellate Authority a ...

Court : Madhya Pradesh

Reported in : (2001)ILLJ691MP; 2001(2)MPHT383

..... it was observed that a combined reading of sections 3, 2(i) and 27 of the minimum wages act, 1948 and the statement of objects and reasons of the legislation makes it explicitly clear that the state government can add to either part of the schedule any employment where persons are employed for hire or reward to do any work skilled or unskilled, manual or ..... 'payment of gratuity act defines 'employee' under section 2(e) as follows:--'2 (e) 'employee' means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, railway company or shop, to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person, who holds a post under ..... the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity .....