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G.D. Bhattar and ors. Vs. the State

Court : Kolkata

Subject : CriminalLimitation

Acts : Mines Act, 1952 - Sections 17, 18, 18(1), 18(2), 39, 73, 78 and 79; ;Coal Mines Pithead Bath Rules, 1946 - Rule 3(1); ;Mines Creche Rules, 1946 - Rule 3; ;Limitation Act, 1908 - Sections 23 and 29(2); ;Constitution of India - Article 20; ;General Clauses Act, 1897 - Section 24; ;Mines Act, 1923; ;Code of Criminal Procedure (CrPC) , 1898 - Section 403

Reported in : AIR1957Cal483,61CWN660

was somewhat different. That case arose out of certain prosecutions under Sections 73 and 66 of the Indian Mines Act, 1952 and there the point was raised that the rules and regulations framed under the old Act were no … Section 16 of the Indian Mines Act, 1923 which corresponded to Section 18 of the Mines Act of 1952. Section 16 of the Act of 1923 agrees word for word with Section 18 of the Act of 1952. … all the petitioners were convicted and sentenced to varying amounts of fines. There was also an order under. Section 78 of the Indian Mines Act that the accused persons must complete construction of the pit-head baths and the

Neyveli Lignite Corpn. Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1992)(58)ELT76TriDel

contended in this show cause notice that according to Col. X of Clause (j) of Section 2 of Mines Act, 1952, a 'mine' includes premises or part of the premises thereof, in or adjacent to and belonging to a … of exemption from payment of duty as per Notification No. 179/85-C.E., dated 1-8-1985 as amended by Notification No. 78/86-CE.The appellants Neyveli Lignite Corporation, a Government of India Enterprise, is producing lignite as well as Agglomerated Lignite which

The K.C.P. Ltd. Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : ConstitutionOther Taxes

Acts : Andhra Pradesh (Mineral Rights) Tax Act, 1975- Sections 1(4), 2, 2(1), 3, 3(2), 4, 5, 6, 7, 10 to 12, 13, 13(1) and (2), 14, 15, 16, 17, 17-A, 18, 18(2), 18-A and 19 to 33; Mines and Minerals (Regulation & Development) Act, 1957 - Sections 9 and 9(2) and (3); Consitution of India - Schedule 7 - Articles 245 and 246; Andhra Pradesh Revenue Recovery Act, 1864 - Sections 8; Andhra Pradesh (Telangana Area) Mining Settlement Act, 1956; Mines and Minerals (Regulation and Development) Amendment Act, 1972; Orissa Mining Areas Development Fund Act, 1952; Bihar Minor Mineral Concession Rules, 1964; Bihar Land Reforms Act, 1950; Bihar Land Reforms (Amendment) Act, 1965; Madras District Boards Act, 1920 - Sections 78, 79, 79(1) and 112; Tamil Nadu Panchayats Act, 1958 - Sect

Reported in : AIR1990AP314

point urged for the petitioners that the entire field of legislation in respect of regulation and development of mines and minerals including the right to collect royalty and tax on minerals vests in Parliament alone by virtue … Ltd. v. State of Orissa the validity of the cess levied under the Orissa Mining Areas Development Fund Act, 1952 fell for consideration. The majority speaking through Gajendragadkar, J. (as he then was) held that the levy was … 'at such rate not exceeding ten times' royalty payable by him under Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957, as … dead-rent and royalty on the ore extracted as also surface-rent. Under S. 78 of the Act a further 'land-cess' could be imposed on the 'annual

Laxminarayana, Mining Co. and anr. Vs. Taluk Development Board and anr ...

Court : Karnataka

Subject : Other Taxes

Acts : Mysore Village Panchayats and Local Boards Act, 1959 - Sections 4, 5, 6, 6(1), 6(2), 18(1), 25, 56, 57, 143 and 144; Constitution of India - Article 246; Mines and Minerals (Regulations and Development) Act, 1957 - Sections 2, 4, 5, 6, 7, 8, 9, 9(3), 10, 11, 12, 13, 13(2), 14, 15, 18, 18(2) and 25; Mineral Concession Rules, 1960; Orissa Mining Areas Development Fund Act, 1952; Mines and Minerals (Regulation and Development) Act, 1948; Madras District Boards Act - Sections 78 and 79

Reported in : AIR1972Kant299; AIR1972Mys299

that the State Legislature could not make a law authorising the imposition of the impugned levy after the Mines and Minerals (Regulations and Development) Act. 1957 (Central Act LXVII of 1957) (hereinafter referred to as the Central … : [1961]2SCR537 . In that case the validity of the Orissa Mining Areas Development Fund Act (27 of 1952) was Questioned on the ground that the Orissa State Legislature had no power to pass the said Act … no provision in the State Act similar to the provisions of Sub-section 78 and 79 of the Madras District Boards Act with which the Supreme … winning both iron ore and manganese ore. By a notification issued under Sections 143 and 144 of the Mysore Village Panchayats and Local Boards Act.

Srinivasa Rice Mill Vs. Employees State Insurance Corporation

Court : Supreme Court of India

Subject : Service

Acts : Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 2(4), 2(9), 2(12), 2(22), 38 to 45, 75(1), 76, 77, 78, 79, 81 82 and 85; Employees' State Insurance (General) Regulations, 1950 - Regulation 10B; ;Mines Act, 1952; Mines Act, 1952; Apprentices Act, 1961

Reported in : [2007(112)FLR233]; JT2006(10)SC305; 2006(11)SCALE694; 2006(2)LC1485(SC)

or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;'Employee' and 'wages' have been defined in Sections 2(9) and (22)2 … V and VI (except Sub-section (i) of Section 76 and Sections 77, 78, 79 and 81 which have already been brought into force) of the … action will be taken accordingly without any further notice. Suits were filed before the Employees' Insurance Court under Section 75(1)(g) of the Act. The question which inter alia was raised therein was as to whether the aforementioned

Kailash Chandra Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Civil

Acts : Rajasthan Minor Mineral Concession Rules, 1986 - Sections 23(3); Oaths Act, 1969 - Sections 3

Reported in : AIR1994Raj177; 1994(1)WLN273

oaths and affirmation for the purposes of affidavits to be used in non-judicial proceedings (Income-tax, Sales Tax, Transport, Mines, Food and Civil Supplies, Housing Board, Municipality, Election etc.). Public is also required to pay more to them … Minor Mineral Concession Rules, 1986 accepting affidavits verified by oath commissioners are against the provisions of the Notaries Act, 1952, requiring that affidavits to be filed in non-judicial proceedings can be verified by a Notary only and accordingly … Rajasthan Gazette Extraordinary dated December 15, 1977, Part I(ka) pages 77 and 78, Volume 29 No. 37. This notification runs as under:--'JUDICIAL DEPARTMENT NOTIFICATIONJaipur, November … affidavits to be filed in non-judicial proceedings and the Notaries appointed under Section 3, Notaries Act, 1922 are only competent persons to administer oath to

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Property

Acts : Bihar Land Reforms Act, 1950 - Section 3, 4; Mines and Minerals (Development and Regulation) Act, 1957 - Section 5(1), 6, 11(5), 11(2), 11(4), 17A, 17A(3), 2, 4(3), 4A, 15, 10(1), 13(2)(e), 16(1)(b), 17(1), 17A(1)(A), 18A(6), 21(5), 28, 30, 11, 7, 16(1), 9, 13(2)(a), 13, 18A(1); Companies Act, 1956 - Section 617; Mines and Minerals (Development and Regulation) Rules 1960 - Rule 59(2), 58; Bihar Reorganization Act, 2000 - Section 84, 85, 86, 3, 4(a); Central Act 67 of 1957 - Sections 16(1)(b), 17, 13, 9; U.P. Sugar Undertakings (Acquisition) Act, 1971 ; Industries (Development and Regulation) Act, 1951 - Section 2; Indian Evidence Act, 1872 - Section 115;

for by the appellants in their writ petitions were for quashing (i) the decision of the Department of Mines and Geology, Government of Jharkhand contained in the letter dated September 13, 2005 whereby the State Government sought … Hingir-Rampur Coal Co. Ltd.a was concerned with the question of the validity of Orissa Mining Areas Development Fund Act, 1952. Inter-alia, the contention raised on behalf of the petitioners was that even if the cess imposed thereunder was … the State and its consequences. The State Government has been empowered under Section 3 to declare that the estates or tenures of a proprietor or

The State of Meghalaya Vs. All Dimasa Students Union Hasao District Co ...

Court : Supreme Court of India

Subject : Land Acquisition

empowers the District Magistrate to institute prosecution against any owner, agent or manager for any offence under the Mines Act, 1952. Section 75 is 121 as follows:- “75. Prosecution of owner, agent or manager.--No prosecution shall be instituted against any … and stream Metyngka of Rymbai. The waters of the mining areas have been found containing sulphate concentration between 78 to 168 mg/L. Electrical conductivity is a rapid measure of the total dissolved solids present in ionic form.

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Subject : Land Acquisition

as an excavation in the earth for the purpose of obtaining minerals.188 The expression was defined under the Mines Act 1952 to primarily mean any excavation for the purposes of searching for or obtaining minerals189 and to include the … (supra) [55]. 76 (2010) 7 SCC1[114]. 77 Article 297, Constitution of India. 78 Reliance Natural Resources Ltd. (supra) [122]. 79 Natural Resources Allocation, In re, … F. Whether royalty is tax ............................................................................................ 48 i. Royalty under the MMDR Act ............................................................................. 48 ii. Purpose of Section 9 of the MMDR Act ............................................................. 54 iii. Contours of a mining lease ................................................................................ 56 a. Lease and

Hindustan Copper Ltd. Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Mines Act, 1952; Factories Act, 1948; Madhya Pradesh Electricity Duty Act, 1949 - Sections 3; Madhya Pradesh Electricity Duty (Amendment) Act, 1986; Constitution of India - Articles 14 and 19; Madhya Pradesh Land Revenue Code - Sections 146

Reported in : AIR2009SC919:2008AIRSCW8249

is carried on at mine pit. This activity is carried on in the mine area registered under the Mines Act, 1952. The second is processing, which is carried on at the Primary Crusher, Secondary Crusher and Concentrator Plant. The … Legislature provides for levy of electricity duty (in short `the duty') on sale or consumption of electrical energy. Section 3 of the Act provides that every distributor of electrical energy and every producer shall pay every month … seeking the following reliefs, as a demand was issued by claiming Rs. 78,58,877/- towards electricity duty in respect of electricity consumed by it:(i) to declare