Court : Supreme Court of India
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
..... e.g. state of madhya pradesh accounts for a good percentage of this country's mineral resource. it produces 26.53% of the country's production in limestone, 36% in dolomite, 28.14% in coal, 21.5% in iron ore, 13% in bauxite, 21.38% in manganese ore, 14.43% in rock phosphate, 33% in copper ore and so ..... minerals as indicated below: date of notificationseffective datemineralrate20-11-8521-6-85bauxite ore, sand for stowing500%20-11-8521-6-85copper ore and uranium300%20-11-8521-6-85lime stone and kyanite200%20-1 1-8521-6-85coal30% of pit's mouth value or 500% on the amount of royalty whichever is greater.madhya pradesh: in madhya pradesh, ..... , saurashtra cement & chemical industries ltd. v. union : air1979guj180 ; and madhya pradesh, hiralal rameshwar prasad v. state, (m.p. 410/83 decided on 28.3.1986) and m.p. lime manufacturers' association v. state of m.p. : air1989mp264 and, except for the last two cases from madhya pradesh, the others upheld the levy of a cess which depended on royalties .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... air india corporation v. rebellow : (1972)illj501sc ; municipal corporation of greater bombay v. p.s. malvankar : (1978)iillj168sc concern the industrial law wherein the validity of rules on the touch-stone of the reasonableness, fairness or justness was not considered. the prevailing doctrine of reasonable classification and nexus had their play to uphold the validity of the provisions.327. it is ..... question before this court was about the validity of section 124a of the indian penal code. this court in order to sustain the validity of the section on the touch-stone of article 19(1)(a) of the constitution of india, limited its application only to acts involving intention or tendency to create disorder, or disturbance of law and order, or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC915; (1977)2SCC548; [1977]2SCR790
P.N. Bhagwati, J.1. Civil Appeals Nos. 1132-1164 of 1976. This is a group of appeals preferred by certain land- holders in the State of Maharashtra against the judgment of the Bombay High Court upholding the constitutional validity of the Maharashtra Agricultural Lands (Ceiling of Holdings) Act, 1961 (hereinafter referred to as the Principal Act) as amended by the Maharashtra Agricultural Lands (Lowering of Ceiling of Holdings) (Amendment) Act, 1972 (hereinafter referred to as the Maharashtra Act 21 of 1975), the Maharashtra Agricultural Lands (Lowering of Ceiling of Holdings) (Amendment) Act, 1975 (hereinafter referred to as Maharashtra Act 47 of 1975) and the Maharashtra Agricultural Lands (Ceiling of Holdings) (Amendment) Act, 1975 (hereinafter referred to as Maharashtra Act 2 of 1976). The Principal Act was enacted by the Maharashtra Legislature in implementation of the Directive Principles of State Policy contained in Clauses (b) and (c) of Article 39 of the Constitution. It impos...
Tag this Judgment!Court : Supreme Court of India
..... 13.5.10 .we are informed by the government of india that one state has levied mineral rights tax, approximately 300 percent of royalty on coal and lime-stone and 100 percent of royalty on other minerals. the union government, while conceding the states rights under entries 49 and 50 (subject to such limitation as may ..... natural resources ltd. (supra) [122]. 79 natural resources allocation, in re, special reference no.1 of 2012, (2012) 10 scc1[88]. 80 state of rajasthan v. gotan lime stone khanji udyog (p) ltd. (2016) 4 scc469[29].; orissa mining corporation ltd. v. ministry of environment & forests, (2013) 6 scc476[58].. 46 part e serious ecological ..... of minerals. uniformity in the terms and conditions of mining leases, rates of royalty, and in the policy approach towards conservation of minerals reduces indiscriminate exploitation 278 hind stone (supra) [10]. 279 see m c mehta v. kamal nath, (1997) 1 scc388131 part h of mineral resources and promotes mineral development. the fact that .....
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4502 OF2009ALL KERALA DISTRIBUTORS ASSOCIATION, KOTTAYAM UNIT, REPRESENTED BY ITS SECRETARY APPELLANT(S) VERSUS THE STATE OF KERALA & ANR. RESPONDENT(S) WITH CIVIL APPEAL No.878 OF2010CIVIL APPEAL No.879 OF2010JUDGMENT A.M. KHANWILKAR, J.1. These appeals involve challenge to the constitutional validity of sub-sections (7) and (8) of Section 4 [introduced by way of the Kerala Motor Vehicles Taxation (Amendment) Act, 20051 in the Kerala 1 for short, the Amendment Act 2 Motor Vehicles Taxation Act, 19762]., Section 15 of the 1976 Act and Section 8A of the Kerala Motor Transport Workers Welfare Fund Act, 19853 inserted by Act 23 of 2005.2. The thrust of the challenge is on the ground that the State Legislature by way of stated amendments to the welfare legislation has effectively bootstrapped the obligation to make contribution to the workers welfare fund with the obligation to pay tax for operating mot...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1803a; [1979(39)FLR309]; 1979LabIC1261; (1979)IILLJ416SC; (1979)4SCC573; [1980]1SCR61
V.R. Krishna Iyer, J.1. Having had the advantage of reading my learned brother's judgment I should have stopped mine with a single sentence, following the example of Diplock, L.J. who in Hughes v. Hughes See Foot-note 49 in Law and Politics by Robert Steveris merely said: 'For the reasons given by my brother Harman I would dismiss the appeal'. But I respect brother Sen's request that my concurrence notwithstanding I should, in a separate opinion, highlight the quintessential aspects and reinforce the legal conclusions which are interpretatively decisive and constitutionally validatory of Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (briefly, the Act). That is the apology for this separate judgment of mine. Why an apology? Because exordiums are opprobriums and socio-economic apercus are anathemas for some judicial psyches; and I should have, for that reason, abandoned my habitual deviance from the orthodox norm idealised by some that a judicial judg...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC598; 2010(1)SCALE613
ORDER1. Leave granted.2. This appeal is directed against order dated 6.2.2009 passed by the learned Single Judge of the Punjab and Haryana High Court in Writ Petition No. 372 of 2001 whereby he modified the award passed by the Labour Court, Gurdaspur (for short, 'the Labour Court') in Reference No. 43 of 1996 and directed that in lieu of reinstatement with 50% back wages, the appellant herein shall be paid Rs. 87,582/- by way of compensation.3. The appellant was employed in the services of the Punjab State Warehousing Corporation (hereinafter described as 'the corporation') as work charge Motor Mate with effect from 5.3.1986. After seven months, the Executive Engineer of the corporation issued order dated 3.10.1986 whereby he appointed the appellant as Work Munshi in the pay scale of Rs. 350-525 for a period of three months. The same officer issued another order dated 5.2.1987 and appointed the appellant as Work Munshi in the pay scale of Rs. 400-600 for a period of three months. Thoug...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... minister raised a point which forms the nucleus of the arguments advanced in the suit before us. he contended that the federal structure enshrined in the constitution is the corner-stone of national integrity; that the constitution is the source of the power of the center and the states; that the exercise of all powers, whether by the central government or ..... of malice in fact.5. the chief minister also admitted, in his letter to the union home said to be embodied in our constitution and described them as 'the corner-stone of national unity and national integrity'. he asserted : 'the constitution is the source of all power for the various organs of the center and the state and all actions and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... regulation of mines and the development of minerals to the extent hereinafter provided. "in the said act, "minor minerals" is defined as:"minor minerals" means building stones, gravel, ordinary clay, ordinarysand other than sand used for prescribed purposes, and any other mineralwhich the central government may, by notification in the official gazette,declare to ..... made in theconstitution whereby and whereunder a few entries in list ii which wereeither omitted or transferred to other lists also is a pointer to the saidfact.in florida lime and avocado growers v. charles paul [373 us 132 : 10law. ed. 2d 248], it is stated: "we have, then, a case where the federal ..... as in the bowel of the earth. there are landsconsisting of hills or hillocks where minerals like iron ore, manganese oreor where other minor minerals like stone-chips can be found; whereas thesurface may contain brick-earth or other minor minerals like sand etc.furthermore, the different minerals may be contained in different .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... such impulses should be legally sanctioned by society, any more than we sanction some other unpalatable instincts of our biological inheritance. deep inside every civilized being there lurks a tiny stone age man, dangling a club to robe and rape, and screaming an eye for an eye. but we would rather not have that little fur-clad figure dictate the law ..... philosophy and its sense of moral and ethical values. to take an example, if a sentence of cutting off the arm for the offence of theft or a sentence of stoning to death for the offence of adultery were prescribed by law, there can be no doubt that such punishment would be condemned as barbaric and cruel in our country, even .....
Tag this Judgment!