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Bihar Mines Ltd. Vs. Union of India (Uoi) - Court Judgment

LegalCrystal Citation
SubjectCommercial
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1967SC887; 1967(0)BLJR363; [1967]1SCR707
ActsBihar Land Reforms Act, 1950 - Sections 3(1), 3(A), 10(1) and 10(2); Mining Leases (Modification of Terms) Rules, 1956 - Rules 2 and 6; Mines and Minerals (Regulation and Development) Act, 1957; Bihar Head Reforms Act, 1950; Mines and Minerals (Regulation and Development) Act, 1948 - Sections 4(1), 4(2), 5 and 7; Mineral Concession Rules, 1949
AppellantBihar Mines Ltd.
RespondentUnion of India (Uoi)
Excerpt:
the case questioned whether the mining leases that were considered, after date of vesting, to be leases by the state government could be defined as 'existing mining leases' under rule 2(c) of the mining leases (modification of terms) rules, 1956 - it further questioned that whether the power of the controller to modify the terms and conditions of leases under the mines and minerals (regulation and development act, 1957) read with the 1956 rules was applicable to such leases - moreover, it also questioned the validity of the 1957 act and 1956 rules - the court ruled that the lease in question was a new lease granted after 25.10.1949 and as per the 1956 rules, the terms of the statutory lease could not be modified when it was held to be a new one from the date of vesting - moreover, the.....order34. in accordance with the opinion of the majority, civil appeals nos. 172-174 of 1963 are allowed with costs, civil appeal no. 113 of 1964 is allowed with costs, civil appeal no. 114 of 1964 is dismissed with costs and civil appeal no 428 of 1964 is partly allowed with the direction that the parties will bear their own costs.
Judgment:
ORDER

34. In accordance with the opinion of the majority, Civil Appeals Nos. 172-174 of 1963 are allowed with costs, Civil Appeal No. 113 of 1964 is allowed with costs, Civil Appeal No. 114 of 1964 is dismissed with costs and Civil Appeal No 428 of 1964 is partly allowed with the direction that the parties will bear their own costs.


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