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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Court: karnataka Page 1 of about 20 results (0.021 seconds)

Aug 16 2019 (HC)

K Thirumalesh Vs. State of Karnataka

Court : Karnataka

..... to the date of commencement of the mines and minerals (development and regulation) (amendment) act, 2015, shall become ineligible. (2) without prejudice to sub-section (1), the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) (amendment) act, 2015.-. (a) applications received under section 11-a of this act; (b) where before the commencement of the mines and minerals (development and regulation) (amendment) act, 2015 a reconnaissance permit or prospecting licence has ..... been granted in respect of any land for any mineral, the permit holder or the licensee shall have a right for obtaining ..... , or if a letter of intent (by whatever name called) has been issued by the state government to grant a mining lease, before the commencement of the mines and minerals (development and regulations) (amendment act, 2015, the mining lease shall be granted 147 subject to fulfilment of the conditions of the previous approval or of the letter of intent within a period of two years from the date .....

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Dec 01 2016 (HC)

Smt a v Shakuntala Vs. The Union of India

Court : Karnataka

..... prior to the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall become ineligible. (2) without prejudice to sub-section (1), the following shall remain eligible on and from the commencement of the mines and minerals (development and regulation) amendment act, 2015:- (a) applications received under section 11a of this act; 17 (b) where before the commencement of the mines and minerals (development and regulation) amendment act, 2015 a reconnaissance permit or prospecting licence has been ..... granted in respect of any land for any mineral, the permit holder or the license shall have a right from obtaining ..... , clearly constitutes a letter of intent to grant mining lease and that petitioner is, therefore, entitled to a mining lease under section 10a(2) (c) of the mmdr act. 16 22. section 10a was inserted into the mmdr act by the mines and minerals (development and regulation) amendment ordinance, 2015, with effect from january 12, 2015. the ordinance was repealed by the mines and minerals (development and regulation) amendment act, 2015, on march 27, 2016 with a provision .....

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Dec 01 2016 (HC)

A.V. Shakuntala Vs. The Union of India, Represented by its Union Secre ...

Court : Karnataka

..... received prior to the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall become ineligible. (2) without prejudice to sub-section (1), the following shall remain eligible on and from the commencement of the mines and minerals (development and regulation) amendment act, 2015:- (a) applications received under section 11a of this act; (b) where before the commencement of the mines and minerals (development and regulation) amendment act, 2015 a reconnaissance permit or prospecting licence has been ..... granted in respect of any land for any mineral, the permit holder or the license shall have a right from obtaining ..... clearly constitutes a letter of intent to grant mining lease and that petitioner is, therefore, entitled to a mining lease under section 10a(2) (c) of the mmdr act. 22. section 10a was inserted into the mmdr act by the mines and minerals (development and regulation) amendment ordinance, 2015, with effect from january 12, 2015. the ordinance was repealed by the mines and minerals (development and regulation) amendment act, 2015, on march 27, 2016 with a provision .....

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Nov 04 2019 (HC)

M/S Sunvik Steels Pvt Ltd Vs. State of Karnataka

Court : Karnataka

..... application cannot be considered on the basis of the notification dated 8th october 2002. now both the applications will have to be decided in accordance with the provisions of the mines and minerals 20 (development and regulation) act, 1957 (for short, the said act of 1957). the said applications will have to be decided as per sub-section (2) of section 10a of the said ..... act of 1957, as the said applications were pending on 12th january, 2015. thus, the applications will have to be decided in accordance with the provisions of section 10a, which came into force with ..... said application. therefore, the notifications dated 25th september, 2007 will have to be set aside. even as per sub-section (3) of section 8a of the said act of 1957 (as amended from 12th january 2015), the deeming provision will not apply to a lease which was renewed on three occasions. the deeming provision is not applicable when lease is already renewed prior ..... to 12th august 2015.19. the impugned communication dated 23rd/26th july, 2007 indicates that the state government had issued a notification of renewal solely on the ground that .....

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Aug 28 2009 (HC)

Gadigi Mineral Mining Co., a Private Ltd. Company Incorporated Under t ...

Court : Karnataka

..... 2003 and connected writ petitions on the ground that the writ petitioners in those writ petitions, prior to amendment of section 11 of the mines and minerals (development and regulation) act, 1957 (hereinafter called 'the mmdr act') by amendment act no. 38 of 1999, had made applications for grant of mining lease in respect of the lands, which were notified and in view of the provisions of section ..... 11 of the mmdr act, as it stood prior to amendment in 1999, they were entitled to preference on the ..... 54 of list i in the seventh schedule parliament specifically declared in section 2 of the act that it was expedient in the public interest that the union should take under its control the regulation of mines and the development of minerals to the extent provided in the act. the state legislature's power under entry 23 of list ii was thus taken away ..... and it is not disputed before us that development had therefore to be in accordance with the act and the rules. the mines and minerals in question (bauxite) were however .....

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Jun 05 2009 (HC)

Jindal Vijayanagar Steels Ltd., Now Known as Jsw Steel Ltd. Rep. by It ...

Court : Karnataka

Reported in : 2009(4)KCCR2566(D.B)

..... 35 of mineral concessions rules, 1960. all other aspects of scrutiny like arrears of royalty, etc., if any, limitation of area that can be leased to an ..... for information of mining-interested public that the same were available for grant of mining lease under rule 59 of the mineral concession rules, 1960. in response to this notification, 111 applications were received in respect of si. no. 1 of the said notification.all the applications were examined in accordance with section 11 of mines & minerals (development & regulation) act, 1957, and rule ..... without a notification under rule 59(1) of the mc rules, 1960 notifying the said area as available for mining, can be considered for grant of mining lease under section 11(2) of the mines and minerals (development & regulation) act, 1957, (for short 'mmdr act') as, such application is premature and shall not be entertained as per rule 60 of the mc rules, 1960 ..... to destroy.{emphasis supplied}24.14. when the purpose and object of the mmdr act is to protect the development and regulation of mines and minerals in public interest and in tune of such legislative purpose, object and intention, section 11 of the mmdr act was amended by amendment act of 38 of 1999, to consider all the applications applied during the period specified .....

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Apr 11 1989 (HC)

Nanjanayaka and Etc. Etc. Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1990Kant97; 1989(2)KarLJ202

..... from the scope of s. 38, namely :--(1) trap, (2) kankar,(3) sandstone,(4) slate,(5) quartz,(6) laterite, and (7) brick earth.' by amendment act i of 1956 words '(subject to the provisions of mines and minerals (regulation and development) act, 1948 (central act l1ii of 1948)' have been inserted between the words 'government shall..... have all the powers.' land revenue code is substituted by land revenue ..... i of seventh schedule is 'regulation of mines and minerals development to the extent to which such regulation and development under the control of the union' is declared by parliament by law to be expedient in the public interest. the parliament has enacted the mines and minerals (regulation and development) act, 1957 to provide for regulation of mines and minerals under the control of the union. this act has been amended from time to time and ..... under sub-sec. (1) any rules made by state government regulating grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals which are in force immediately before the commencement of this act shall continue in force.section 16 stipulates that all mining leases before the commencement of the mines and minerals (regulation and development) amendment act, 1972 (act 56 of 1972) shall be brought in conformity with the .....

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Sep 08 1993 (HC)

State of Karnataka Vs. Dundamada Shetty

Court : Karnataka

Reported in : ILR1993KAR2605; 1994(3)KarLJ378

..... general for the state that the said judgment is per incuriam as it has not considered section 14 of the mines and minerals (regulation & development) act, 1957 read with section 4 thereof. now it is true that as per section 14 of the said act as amended by mines and minerals (regulation and development) amendment act 1986, act no. 37/1986, provisions of sections 5 to 13 (inclusive) shall not apply to quarry leases ..... , mining leases or other mineral concessions in respect of minor minerals. prior to the amendment, the provisions of sections 4 to 13 (inclusive) were not made applicable, to quarry ..... leases, mining leases or other mineral concessions in respect of minor minerals. the result is that section 4 .....

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Mar 31 2009 (HC)

Nagaraju and ors. Vs. the Tahsildar

Court : Karnataka

Reported in : ILR2009KAR1671; 2009(5)KarLJ496:2009(3)KCCR1638:2009(5)AIRKarR84(D.B)

..... and therefore, the impugned order is totally without jurisdiction.5. per contra, learned advocate general invites our attention to section 4 and section 21 of the mines and minerals (development and regulation) act, 1957 (for short 'the mmdr act') and submits that the authorities are conferred with powers to take appropriate action under two different statutes. the very mentioning of a wrong provision or omission ..... ,000/- as per sections 192-a, 192-b, 192-c of the klr (amendment) act or rules 42 and 44 of the kmcc rules, in our considered opinion, is totally illogical and irrational and such an interpretation would only pave way to the illegal mining and transporation of minerals and exploitation of natural resources of the country, causisng great damage and hazard to ..... product shall be final.7.5. section 192-a, 192-b and 192-c as inserted by the karnataka land revenue (amendment) act, 2007 (for short 'the klr (amendment)act') read thus;192-a.- offences and penalties.- notwithstanding anything contained in the act or the rules made thereunder whoever commits any of the offences specified in column (2) of the table below, shall ..... fine of rs. 1,00,000/- and rs. 50,000/- upon the petitioners. but we are unable to appreciate the said contention, because, section 192-a of the klr (amendment) act is instituted against the person in respect of unauthorised removal of the government property or natural product by the judicial magistrate first class, which action is independent of the action .....

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Dec 03 2015 (HC)

National Mineral Development Corporation Limited, rep. by its Regional ...

Court : Karnataka

..... sl. no.mines and minerals (development and regulation) act, 1957karnataka forest act, 19631.an act to provide for the development and regulation of mines and minerals under the control of the unionan act to consolidate and amend the law relating to forests and forest produce in the state of karnataka2.provisions deal with regard to regulating mining operations, licenses and mining leases and development of minerals.provisions of karnataka forest act deal with protection, regulation and management of ..... concern and a lessee excavating minerals in the state of karnataka. the ore was sold by it as a lessee and therefore, nmdc could not come within the expression body notified by the state government in section 98-a of the act. he also contended that by virtue of amendment made to mmdr act on 12/1/2015 a central fund has ..... reliance was placed on the decision of the hon'ble supreme court in the case of commissioner, central excise and customs, kerala vs. larsen and toubro ltd. [2015 scc online sc 738 = 2015 air scw 4869] (larsen and toubro ltd.). this contention is without any substance. in gurusiddappa, it was held that sub-section (1) of section 98-a ..... w.p.31183/2008 and connected matters at the outset contended that section 98-a of the act does not satisfy the requirement of a taxation law. referring to commissioner, central excise and customs, kerala vs. m/s. larsen and toubro limited [2015 scc online sc 738], he contended that the section lacks the essential ingredients of a tax law .....

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