Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... under section 15 of the mines and minerals (regulation and development) act, 1957. ..... article 298 within the parameters of the constitutional scheme, which would include imposition of such regulation and would not be violative of article 301 of the constitution of india. ..... tax to which similar goods manufactured or produced in that unit are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced:provided further that no preference shall be given by any regulation of trade, commerce or revenue to one unit over another:provided also that nothing in this section shall preclude the federal parliament from imposing ..... foreign liquor or intoxicating drugs held by licensees at the close of the former period.note: the expression 'foreign liquor (foreign made) means any liquor produced, manufactured, or blended and compounded abroad and imported into india by land, air or sea.explanation:- where any liquor is chargeable with duty at a rate depending on the value of the liquor, such value shall be ..... extra commercial would be trade or business in liquor when it is completely prohibited;(c) the state can create a monopoly to do the business itself or through an agency in terms of article 19(6) or otherwise;(d) restrictions and limitations on the trade or business in potable liquor can be both under article 19(6) or otherwise;(e) when the state permits trade or business in the potable liquor with or without limitation, the citizen has the right ..... 1948 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT121
..... the important questions that arise thus for consideration are:(1) whether the note under rule 12(5)(e) and rule 12(5)(f)(i) and rule 12(5)(f)(ii)of the andhra pradesh minor mineral concession rules, 1966 are ultra vires the mines and mineral (regulation and development) act, 1967 and(2) whether the note under rule 12(5)(e), rule 12(5x00) 12(5)(f)(ii) of the andhra pradesh minor mineral concession rules, 1966 are ultra vires the provisions ..... issuance of a mandamus declaring the note to rule 12(5)(e) and rules 12(5)(f)(i) and (f)(ii) of the andhra pradesh minor mineral concession rules, 1966, as ultra vires the mines and minerals (regulation and development) act, 1957 and the provisions in part xiii of the constitution of india.2 ..... that the impugned rules are neither compensatory nor regulatory in nature, outside the legislative competence of the state as they impose undue burden and restriction on inter-state trade and commerce and so ultra vires the mines and mineral (regulation and development) act, 1957.13. ..... 1948, chief justice vinson delivered the opinion of the majority thus:'a majority of the court, in an opinion by the south carolina has sufficient interest in the shrimp fishery within three miles of its coast to warrant it in protecting and regulating mat fishery, the poundage tax did not unconstitutionally taximports or unduly burden inter-state commerce, the imposition of a discriminatory licence fee for boats owned by non-residents was without reasonable basis .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori183
..... 1948, tha then central legislature passed an act known as the mines and minerals (regulation and development) act (hereinafter referred to as the old act) for the regulation and development ..... in 1957 parliament replaced the old act by the mines and minerals (regulation and development) act 1957 (hereinafter referred to as the now act), section 9(1) of the new act expressly stated that: 'the holder of a mining lease granted before the commencement of this act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement pay royalty in respect of any mineral removed by him from the leased area after ..... shall be payable in accordance with section 9 of the mines, and minerals (regulation and development) act 1957, instead of according to the stipulations of the lease deed ..... petitioner, on the other hand, emphatically denied the existence of any such implied term and contended that neither under the new act nor under the new rules did the state government have authority to arbitrarily fix the price of manganese as published in the bengal chamber of commerce's bulletins as a fair price and make deductions therefrom towards transport find handling charges from the pit's mouth to kidderpore docks ..... construing a similar provision in the old rules held that the general government in exercise of their revisional jurisdiction act as a quasi-judicial authority and that they must give to the parties concerned a reasonable opportunity of being heard. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... exercise of such power, the parliament enacted the industrial (development and regulation) act, 1951 and mines and minerals (regulation and development) act, 1957. ..... coal-mining leases granted to the lessees stood terminated by reason of section 4-a of the mines and minerals (regulation and development) act, 1957 in the year 1976. ..... notice in ongc (supra), this court has held that slurries are a part of coal and is governed by the provisions of the mines and minerals (regulation and development) act. ..... of coal dependent upon the quality thereof was to be determined by the 'coal board' constituted under the coal mines (conservation and development) act. ..... pattern of consumption of coal;(2) to plan supplies of coal for thermal power stations already under construction and to link them with sources of coal supply;(3) to advise from time to time regarding the planning and development of the additional capacity for coal production which should be developed in each coalfield having regard to the future thermal power development programmes in the various regions;(4) to examine from time to time the extent to which the linkages already established between ..... [1990]1scr818 ] even while fixation of tariff for the supply of electric energy in terms of the provisions of section 49 of the electricity (supply) act, 1948, only a reasonable profit is contemplated and not profiteering [see s.n. ..... dealing with the fixation of tariff under the electricity (supply) act, 1948, this court in hindustan zinc ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIAD(SC)237; AIR1996SC2560; JT1996(7)SC16; 1996(5)SCALE596; (1996)5SCC670; [1996]Supp4SCR92
..... the parliament enacted the mines and minerals (regulation and development) act, 1957, section 2 whereof contains the declaration in terms of entry ..... entry 54 of list-i empowers the union to make laws regulating the mines and mineral development to the extent such regulation and development under the control of union is declared by parliament by law to be expedient ..... the states to make laws with respect to regulation of mines and mineral development and to levy taxes on mineral rights are, however, subject to the provisions of list-i with respect to regulation and development under the control of the union. ..... regulation of mines and mineral development to the extent to which such regulation and development under the control of union is declared by parliament by law to be expedient in the public interest.entry 91 of list-i may also ..... regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control ..... supposition, it is argued, that inasmuch as the union has not established that the impugned levy is required for the purpose of the said regulation and development, the imposition is incompetent. ..... in 1948, the madras legislature enacted the madras estates (abolition and conversion into ryotwari) act providing for acquisition of the rights of land holders ..... this court that in view of the statement in the preamble to the 1947 act, the said act must be deemed to have come to an end with the enactment of the 1948 act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1996P& H30
..... delhi/faridabad-ballabgarh complex which do not have valid licenses from the authorities under the delhi municipal corporation act, 1957/faridabad complex administration (regulations and development) act, 1971 or from any other authority which the law requires, shall stop functioning and operating with immediate effect. ..... its commissioner, farida-bad complex administration through its chief administrator, director town and country planning department, haryana, deputy commissioner, faridabad, haryana urban development authority through its commissioner/chief executive, central pollution control board through its member-secretary, central government under the environment (protection) act, 1986 and the commissioner, police of delhi are directed to ensure the compliance with ..... public injury arising from the sreach of public duty or from violation ofsome provision of the constitutional law; iv) that such person or group of persons is not a busy-body of meddlesome inter loper and have not approached with mala fide intention of vindicating their personal vengeance or grievance; v) that the process of public interest litigation was not being abused by politicians or other busy bodies for political ..... consolidation staff issued under the east punjab holdings (consolidation of prevention and fragmentation) act, 1948, it' is provided that in every village after ascertain-ing the shajras a provision shall be made for the passages and roads leading to the main highway, railway line and canals etc .....
Tag this Judgment!Court : Chennai
Reported in : AIR1994Mad68
..... the parliament with reference to entry 54, list i referred to above, enacted the mines and minerals (regulation and development) act, 1957 (central act 67 of 1957), hereinafter called the act. s. ..... entry 54 of list i of the seventh schedule to the constitution of india reads as follows:'regulation of mines and mineral development to the extent of which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest ..... entry 23 of list ii of the same schedule to the constitution of india reads as follows:'regulation of mines and mineral development subject to the provisions of list 1 with respect to regulation and development under the control of the union. ..... 2 of the act reads thus:'declaration as to expediency of union control: it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of mines and development of minerals to the extent hereinafter provided.'s ..... enables the central government, by notification in the official gazette to make rules for regulating the grant of prospecting licences and mining leases in respect of minerals and for the purpose connected therewith. s. ..... empowers the state government to make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purpose connected therewith. ..... in special cases, in the interest of mineral development and in public interest.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2489; JT1994(4)SC438; 1994(3)SCALE421; 1995Supp(1)SCC53; [1994]Supp2SCR50
..... it was contended before this court that a rule made by the government of tamil nadu under section 15 of the mines and minerals (regulation and development) act providing that no lease for quarrying black granite should be granted to private persons and creating a monopoly in favour of a corporation wholly owned by the state government was beyond the rule-making power. ..... it was held : 'the public interest which induced parliament to make the declaration contained in section 2 of the mines & minerals (regulation and development) act, 1957, has naturally to be the paramount consideration in all matters concerning the regulation of mines and the development of minerals. ..... contentions urged before us, it is necessary to set out section 5 in its full entity :the state government may, from time to time, by notification in the official gazette, make rules consistent with this act, to permit absolutely, or subject to the payment of duty or to any other conditions, and to regulate, within the whole or any specified part of the territories administered by such government, all or any of the following matters:(a) the possession of opium; (b) the transport of opium; (c) the importation or exportation ..... it was argued before this court that the cotton textiles (control of movement) order, 1948 made under section 3 is invalid inasmuch as the said section delegated legislative power beyond the permissible limits. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H356
..... argued that neither in the constitution nor in the mines and minerals (regulation and development) act of 1957, (hereinafter referred to as the act) has the word 'mineral' been comprehensively defined. ..... terms:--'existing rules to continue--all rules made or purporting to have been made under the mines and minerals (regulation & development) act, 1948 (53 of 1948), shall, in so far as they relate to matters for which provision is made in this act and are not inconsistent therewith, be deemed to have been made under this act as if this act had been in force on the date on which such rules were made and shall continue in force unless and until they are superseded by any rules made under this ..... the central government as its delegate were, therefore, indeed duty bound to lay down with precision at least the subject-matter regarding which it was intending to legislate in the mines and minerals (regulation and development) act, 1957.17. ..... to the enactment of the act of 1957 and the impugned notification issued thereunder the mines and minerals (regulation & development) act of 1948 held the field. ..... 'the mines and minerals (regulation & development) act, 1948, is the immediate predecessor of the ..... 36 in list i of the seventh schedule of the government of india act, 1935, which is in the following terms:--'regulation of mines and oil fields and mineral development to the extent to which such regulation and development under dominion control is declared by dominion law to be expedient in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC614; 1972MhLJ538(SC); 1972MPLJ680; (1972)1SCC298; [1972]2SCR609; 1972(4)LC410(SC)
..... on the merger of the korea state with madhya pradesh, into the events of which it is not necessary for the purposes of this appeal to go, the leased area became subject to the provisions of the mines and minerals (regulation and development) act, 53 of 1948 and the mineral concession rules made thereunder on october 25, 1949. ..... on december 28, 1957, parliament passed the mines and minerals (regulation and development) act, 67 of 1957 under its power under entry 54 of list i of the seventh schedule to the constitution. ..... as its long title recites, the act was passed to provide for the regulation of mines and the development of minerals under the control of the union. ..... section 2 declared that it was in the public interest that the union should take under its control the regulation of mines and the development of minerals. ..... the company's representation, therefore, was that the royalty payable by it should be modified so as to bring it in consonance with that payable under the 1948 act read with the mineral concession rules, 1949 and the first schedule thereto, namely, at a fixed rate of 5% of the for price subject to the minimum of 8 ans. .....
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