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Judgment Search Results Home > Cases Phrase: coking coal mines nationalisation act 1972 section 29 contracts cease to have effect unless ratified by the central government Page 1 of about 12 results (0.052 seconds)

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

..... coking coal mines (nationalisation) act, 1972, the coal mines (taking over of management) act, 1973, and the coal mines (nationalisation) act, 1973 were respectively enacted in that order.3. first came the coking coal mines (emergency) provision act 1971 which provided for the taking over of the management of coking coal mines and coke oven plants pending nationalisation of such mines and plants. section 3(1) of the act declared that on and from the appointed day, the management of all coking coal mines shall vest in the central government ..... . what is necessary is that there must be a real and substantial connection and the dominant object of the law must be to give effect to the directive principle, and that is a matter which the court would have to decide before any claim for protection under the amended article 31c can be allowed.at pp. 339-340: 'where, therefore, protection is ..... plant has been wrongly given in the second schedule to the said act.' we do not think there is any possible doubt about the identity of the coke oven plant shown as item no. 9 in the second schedule to the coking coal mines (nationalisation) act. it is the coke oven plant belonging to the sanjeev coking coal company.29. one point which was touched by shri a. k. sen, the .....

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Jun 16 2006 (HC)

Bhanu Pratap Singh and anr. Vs. the State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2006(4)JCR298(Jhr)]

..... has been duly notified as protected forest under section 29 of the forest act and as such any mining activities contravenes the provision of the forest conservation act and that apart supreme court in a case of t.n. godavarman thirumulkpad etc. v. union of india and ors. has directed all the state governments to ensure stoppage of all the non-forestry ..... a registered deed giving some right over the lease hold area and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999, when forest official directed the chief zonal manager not to carry ..... aggrieved with the said order as well as by the prosecution itself, the petitioners have preferred this application.5. learned counsel appearing for the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through ..... this court passed in the writ petition, by antedating the prosecution report can not be lost sight of particularly in view of the fact that prosecution report seems to have been tiled before the court below on 15.10.2003. however. without going into the evidence this cannot be decided conclusively and therefore any result based on that .....

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Jun 26 2007 (HC)

Bastacolla Colliery Co. Pvt. Ltd. and ors. Vs. Central Bank of India a ...

Court : Jharkhand

Reported in : [2007(4)JCR544(Jhr)]

..... allowed, shall pay keeping in view the provisions of that section, to the claimants out of compensation which was deposited by the central government ..... against the plaintiff-bank in the instant case. this plea of the appellant is also not tenable.15. section 23 of the coking coal mines (nationalization) act, 1972 contains provisions wherein parties having any claim against the erstwhile owner of a coal mine which has vested under the provisions of nationalization act, may prefer a claim before the commissioner of payments and the commissioner of payments, if the claim is ..... with the commissioner of payments in respect of coal mines in question, the section has classified different debts in different classes. some classes of debts will have priority over the other classes of debts. the amount deposited as compensation in .....

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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)

..... thereto'.8. 'appointed day' under section 2(a) of the coking coal mines (emergency provisions) act, 1971 was october 17, 1971, while that under section 3(a) of the coking coal mines (nationalisation) act, 1972, is may 1, 1972.9. according to the petitioners, the total value of the fixed and current assets and movables of kutchi balihari colliery taken over by the central government on october 17, 1971 was to ..... of the state government has entered into an arrangement, contract or understanding, with the owner of a coking coal mine or coke oven plant under which the operations of the coking coal mine or coke oven plant are substantially controlled by such person or body of persons; the words and expressions used and defined in the act have the meaning, respectively, assigned to them 'unless the context otherwise requires ..... assume all the facts and consequences which are incidental or inevitable corollaries to giving effect to the fiction. the legal effect of the words 'as if he were' in the definition of owner in section 3(n) of the nationalisation act read with section 2(1) of the mines act is that although the petitioners were not the owners, they being the contractors for ..... for the payment of income-tax liabilities of the assessee, as it could only be utilized for the purpose of stowing and other safety operations and conservation of coal mines.29. two questions arise, both of which must be answered in favour of the union of india. the first is whether the payment of rs. 4,50,000 .....

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Sep 21 1998 (HC)

Employees in Relation to Industry Colliery of Bharat Coking Coal Ltd. ...

Court : Patna

..... . 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 and vested in the central government free from all encumbrances. section 7 ..... of the latter unless provided otherwise by the statute or the contract under which the assets have been taken over. in the instant case the nationalisation act, under which the assets of the mines have been acquired, does not provide otherwise. there is also no contract between the government and the owners of the collieries providing otherwise. the government has acquired a large number of coking coal mines, including the mines in question, list ..... disputed by the learned counsel for the respondents. 3. the parliament enacted coking coal mines (emergency provisions) act, 1971 (hereinafter referred 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 .....

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Mar 04 1992 (HC)

Jaswant Worah and anr. Vs. Union of India and ors.

Court : Delhi

Reported in : 47(1992)DLT1; 1992(22)DRJ476

..... of the ganhcodih colliery in accordance with law. (4) the coal mines were nationalised by the coking coal mines (nationalisation) act, 1972. under this act, the mines vested in the government with effect from 1st may, 1972. the act contains a schedule showing the various mines which come under the nationalisation scheme. the mines involved in this petition is shown as seriall no. 156, ..... alleged by the petitioners), then the petitioners ought to have moved the central government under sub-section (3) of section 4 of the nationalisation act for correction of the aforesaid entry in the first schedule. it has further been stated that the petitioners have complained about the violation of contractual obligation and the ..... . however, unfortunately, the district judge has simply rejected the claim on the ground that since the lease has expired and the petitioners have ceased to be the managing contractors they are at best immediate trespassers and not owners and, thereforee, are not entitled to any compensation. ..... with a renewal clause according to which at the option of the managing contractors the contract could be renewed for a further period of five years on the same terms and conditions. in accordance with the renewal clause ..... the appeal lies - which is not free from doubt as no appeal is provided for under the act - there is no absolute bar for the maintainability of the writ petition. (29) lastly it was contended on behalf of the petitioners that they should be declared as the owner .....

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Jun 16 2006 (HC)

Bhanu Pratap Singh and anr. Vs. State of Jharkhand and anr.

Court : Jharkhand

Reported in : [2006(4)JCR133(Jhr)]

..... has been duly notified as protected forest under section 29 of the forest act and as such any mining activities contravenes the provision of the forest conservation act and that apart supreme court in a case of t.n. godavarman thlrumulkpad etc. v. union of india and ors. has directed all the state governments to ensure stoppage of all the non-forestry ..... registered deed giving some right over the lease hold area and after settlement the erstwhile colliery were doing mining operation until nationalization of the coal mines by virtue of enactment of cooking coal mines (nationalization) act, 1972. after nationalization, the petitioners had been doing mining operation without any hindrance till the year 1999. when forest official directed the chief zonal manager not to carry ..... aggrieved with the said order as well as by the prosecution itself, the petitioners have preferred this application.learned counsel appearing for the petitioners submits that some back grounds would be necessary for better appreciation of this case and those are that the coal mines was taken by the erstwhile colliery from the rightful owner under permanent settlement through a ..... of this court passed in the writ petition, by antedating the prosecution report cannot be lost sight of particularly in view of the fact that prosecution report seems to have been filed before the court below on 15.10.2003. however, without going into the evidence this cannot be decided conclusively and therefore any result based on that .....

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Nov 20 1979 (HC)

Tata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...

Court : Mumbai

Reported in : AIR1980Bom168

..... 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 of the schedule ..... whose right, title and interest in relation to such coal mine or group of coal mines has vested in the central government. section ..... matter of the hire purchase agreements forthwith, failing which they would take appropriate action for recovery thereof. this evidence shows that defendants no. 4 had taken steps as contemplated by section 29, of the said act which provides that certain contracts are to cease to have effect unless ratified by government. i do not think that it is necessary for me to express any opinion as to the .....

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Feb 04 2000 (HC)

Bharat Coking Coal Ltd. Vs. Smt. Maina Devi and ors.

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 a ..... mine' in sub-sections (j), (i) to (xiii) of section 3 of 'the act' nugatory and of no effect.27. it would also be significant to note that section 4 of 'the act' speaks of acquisition and vesting of the right, title and interest of the owner in relation to the coking coal mines specified in the first schedule. i have ..... year, 1981. the court further came to the conclusion that the plaintiff has been able to prove successfully that there was a contract between him and the defendant through its officers for taking delivery of the land on rent of rs. 175/- per decimal per month ..... had fallen due. the defendant adopted delaying tactics and eventually the senior administrative officers of basta kola area by his letter dated 29-11-1983 asked the plaintiff to produce the document of title which was delivered by the plaintiff. nothing was done at the ..... act of its servant even if approved and encouraged by its officials, unless it was cognizant of the legal consequences flowing therefrom and its legal rights. that apart, once it is held that the property in dispute had already vested with the central government, by virtue of 'the act', .....

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Apr 01 1998 (HC)

Bharat Aluminium Company Limited and ors. Vs. Sukumar Mukherjee and or ...

Court : Kolkata

Reported in : (1998)2CALLT60(HC),[1999(81)FLR52],(1999)ILLJ828Cal

..... of the coking coal mines nationalisation act, which are in part materia with the provisions of the said act. the apex court held:'section 9 deals with the topic of prior liabilities of the previous owner. section 9(1) speaks of 'every liability of the owner ..... prior toappointed day, shall be the liability of such owner ..... and shallbe enforceable against him and not against the central government or the government company ..... the case may be with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the bharat aluminium company, as the case may be, is duly terminated or until his remuneration and ..... .' 10. in view of the aforementioned decision, there cannot, therefore, be any doubt that the word 'continuous service' has to be interpreted liberally. the submission of mr. banerjee to the effect that as a lock-out had been declared, there was a cessation in the relationship of employer and employee, cannot be accepted. not only by reason of a lock-out ..... the respondent sitalchandra pathak had served two or three employers during the period of his first employment from the 24th of june 1946 till the appointed day of 1st may 1972. that he should now be asked to speak his original employer of the year 1946 for gratuity which has become due to him on the successful completion of his service .....

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