CiteTEXT
...State must be rejected.7. Counsel then relied upon Section 5 of the Colliery Control Order, 1945, in order to show that the legislature there had dealt with coal in its...applicable. From the Colliery Control Order, 1945 or the other provisions to which our attention was drawn to, it would neither be possible nor safe to adopt the meaning of the word “coal” given in those...Colliery Control Order deals with collieries and obviously, therefore, the term “coal” there is used as a mineral product. It is a well settled principle that in construing a word in an Act caution is...
...Control Order, 1945. In all these cases, the Police had seized Trucks carrying steam coal. According to the learned Advocate for the applicants, the Colliery Control Order, 1945 ...reads as under:“S.O 2464 - In pursuance of clauses 12-B and 12-E of the Colliery Control Order, 1945 as continued in force by...restrictions contained in Clause 12-B and 12-E of the Colliery Control Order, 1945. Therefore, according to him, the prosecution of the petitioners is required to be quashed. In support of his submission, he has...
...S.B Sinha, J.:— Whether the plant for manufacturing briquette is a plant for production of coke and, thus, a ‘colliery’ within the meaning of clause 2(2) of the Colliery Control Order, 1945, is...contained in Clause 2(2) of the Colliery Control Order, 1945, an Order deemed to have been made by the Central Government under...temperature in the ovens.6. Learned counsel further submitted that in view of the definition of ‘colliery’ as contained in the Colliery Control Order, 1945, a plant for the production of...
...fixing the grades and prices of the coal produced in India in pursuance of clauses 3 and 4 of the Colliery Control Order, 1945 as continued in force by Section 16 of the Essential Commodities Act, 1955...Standing Linkage Committee. Guidelines for giving linkages are issued under the provisions of clause 8 of the Colliery Control Order, 1945 by the Central Government. The priority given to the linked...Control Order, 1945 deregulated the price and distribution of non-coking coal of Grades ‘A’, ‘B’ and ‘C’. By a further notification dated 12-3-1997, decontrol was extended to some other grades of coal...
...Section 70 of the Contract Act has no application to the present case and the matter is governed by R. 10-A(1) of the Colliery Control Order...Control Order. The order of disposal made by the Deputy Coal Commissioner with regard to the amount of coke is an order passed by him under R. 8 read with R. 10A(1) of the Colliery Control ...a moment that the Coal Commissioner has acted in excess of his powers under the Colliery Control Order, 1945; the proper person whom the plaintiff must have sued is the Deputy Coal Commissioner and...
...Central Government framed and enforced under Colliery Control Order, 1945, it must be held that since 18.6.64 their was no restriction on acquiring, purchase or movement of soft coke among other classes and...adopting summary procedure.8. The Amended Control Order relied upon by the appellant by way of amending of Colliery Control Order, 1945 under S.O No. 2181 published on 18.6.64 was ...exercise of the powers conferred by Clause 12A, 12B and 12C of the Colliery Control Order, 1945 as continued in force by Section 16 of the Essential Commodities Act, 1955. Under sub...
...outside the State of Madhya Pradesh pursuant to directions issued by the Coal Controller under the Colliery Control Order, 1945, (hereinafter referred to as the Order), during certain periods of...was regulated and controlled by the Coal Controller and various other authorities empowered in that behalf under the Colliery Control Order, 1945.
4. During the assessment periods in...Collieries Co. Ltd. outside the limits of the State under orders of the Coal Commissioner, made in the exercise of his powers under the Colliery Control Order, 1945, were liable to sales-tax under the...
...after the Colliery Control Order, 1945, came into force. Under that Order, no person could acquire or purchase coal from a colliery except under authority of the Central Government for which purpo...India, Art. 136.
HEADNOTE:
One Nanalal Karsandas, who was a brick manufacturer, held a priority certificate for purchasing coal under the Colliery Control Order....
The scheme of the Control Order shows that no sale of coal could take place except to a person holding a certificate. A sale otherwise was in contravention of the Control Order. The...
...Sales Tax Act, 1950, s. 2(k)-Supply of coal to consumers outside State pursuant to allotment orders under Colliery Control Order, 1945-Whether allotment order covenant or incident of contract of sale...the Colliery Control Order, 1945. This claim was rejected by the Sales Tax Officer on the ground that the coal in question was sold F.O.R. colliery siding and was actually delivered to the consumers...
Commissioner issued under the Colliery Control Order, 1945".
The Company which has its registered office at Hyderaba...
...17th June, 1969, asking the petitioners to appear at the assessment with relevant evidence. The petitioners contend that in view of the provisions of the Colliery Control Order, 1945, there was no...transactions were done in pursuance of the direction of the Coal Commissioner. In this connection my attention was drawn to Clause 12E of the Colliery Control Order, 1945, issued under the Defence of India Rules....
5. The question, therefore, is whether transactions entered into in respect of the. commodities under the Control Orders like the Colliery Control Order, 1945, could be said to be...
...coal could be made only under orders issued by the Coal Controller. Sale and delivery of coal were governed by the Colliery Control Order, 1945 issued under Rule 81 of the Defence of India Rules and..., 1955.5. The Colliery Control Order, 1945, was issued in exercise of Rule 81 of the Defence of India Rules and was continued thereafter under the Essential Supplies (Temporary...continued under the Essential Supplies (Temporary Powers) Act, 1946, and the Bihar Coal Control Order, 1947. It was common ground that coal could not be sold by a Colliery except under an order of the...
...the power under provisions of the Colliery Control Order, 1945, allows the prayer of M/s Akash Coke Industries Pvt. Ltd. as per their representation dated 5-5-1997 for change of source of supply of...-1997 directed Bharat Coking Coal Ltd. to comply with the earlier order dated 16-6-1997. It appears that in spite of these directions, coal was not released to the appellants from North Tistra Colliery...Controller shall operate as an interim order. Pursuant to this order the appellants have been receiving 1200 MT from Lodhana Colliery. They have also been receiving a further 300 MT of coal from Lodhana...
...Constitution. The third contention of Mr. Chakrawarty was that under Clause 12-E of the Colliery Control Order, 1945, the transaction could not be regarded as a sale which was liable to tax. It was...argued that under Clause 12-E of the Colliery Control Order, 1945, no person could acquire, purchase or agree to acquire or purchase any coal from a colliery, and no colliery owner or his agent co...learned advocate for the appellant was that having regard to the terms of Clause 12-E of the Colliery Control Order, 1945, to which I adverted earlier in this judgment, the transaction could not be regarded...
...vouchers alongwith the bill, for the admitted supplies of the coal in Jaipur Power House.”3. It is common ground that at the time of the supply of coal the Colliery Control Order, 1945, .... Mr Sastri in reply submits that this agreement is to be read in the light of the Colliery Control Order, and if there is inconsistency between the contract and the Colliery Control Order, ...is necessary to refer to a letter of the Deputy Coal Commissioner, dated November 19, 1956, for it contains a direction under clause 8 of the Colliery Control Order. After sanctioning priority for...
...and some implements were seized by the Police. Ultimately they stood their trial in the court of the learned Special Judge for allegedly violating Cls. 12E and 14 of the Colliery Control Order, 1945 punishable.... Holding further that Cl. 14 but not Cl. 12E of the Colliery Control Order, 1945 was violated by the present petitioners, he has sentenced the petitioners under S. 7(1)(a)(ii) of the...passed by the learned Special Judge on several grounds.4. He urges at the first instance that even. Cl. 14 of the Colliery Control Order, 1945, has no application to the facts of this case...
...briquette is not coke within the meaning of the Colliery Control Order, 1945, or the Bihar Trade Articles (Licences Unification) Order, 1984. In that case, difference in...and this aspect of the matter, in our opinion, shall be inquired into by the Coal Controller in terms of the provisions of the Colliery Control Order, 1945.10. The Central Government...of clause 3 of the Colliery Control Order, as amended by the G.S.R No. 545 dated 14.4.1979 and based on Systematic Sampling and Scientific Analysis and the same have come into force with effect from...
...notification which is in force is as follows: In pursuance of Clauses 12-B and 12-E of the Colliery Control Order, 1945, as continued in force by...B.G.DEO, J.
( 1 ) IN this application, four trucks with coal were seized on 16-6-1989. By the interim order passed by this Court on 23-6-1989, the seized trucks have been...Purchase, or (b) to despatch or agree to despatch or transport, or (c) to divert or transfer. Without any order of allotment or written authority, non-coking coals of all grades produced in all coal fields...
...India. The Colliery Control Order, 1945 was one of such regulating instruments. This Control Order has been replaced by Colliery Control Order, 2000 with effect from 1-1...collieries.4. On 16-6-1994, a Notification was issued by the Central Government in pursuance of the aforesaid two clauses of the 1945 Control Order stipulating the classes and grades in which co....7. The Notification of 9-1-1996 reads:“S.O. 21 (E).—In pursuance of the provisions of Clause 18 of the Colliery Control Order, 1945, as continued in fo...
..., distribution, supply and price of coal were controlled and regulated under the Colliery Control Order, 1945 (the 1945 Order) framed under the said Rules. The said Order was continued un...alia for securing equitable distribution and availability of essential commodities at fair price. Coal despite partial deregulation having regard to the Colliery Control Order, 2000 (the 2000 Order) is still a regu....10. On and from 1-1-2000, the 1945 Order was repealed and replaced by the Colliery Control Order, 2000 (the 2000 Order); in terms whereof control and regulati...
...contracts of purchase of cane offered by the cane growers on prescribed terms and conditions”.30. The Colliery Control Order, 1945 empowered the Central Government to fix...conditions contained in a general or special authority of the Central Government.31. The Colliery Coal Control Order, 1945, came up for consideration in...State of Rajasthan did not constitute sale as the supply was controlled by the Colliery Control Order, 1945 and even if there was a sale it would be inter-State sale. It was held that the Colliery...