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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Court: mumbai Page 1 of about 8 results (0.020 seconds)

Jul 26 2016 (HC)

Maria de Lourdes Filomena Figueiredo de Albuquerque Vs. The Ministry o ...

Court : Mumbai Goa

..... ). 6. the supreme court decided the aforesaid writ petition no.435/2012 on 21/04/2014 and subsequently, the mines and minerals development and regulation act came to be amended by the mines and minerals (development and regulation) (amendment) ordinance, 2015 with effect from 12/01/2015. by virtue of the said amendment, the mining leases stood extended till 31/03/2020. 7. it appears that the respondent undertook an exercise of lifting of the ..... abeyance on the environmental clearances of the iron and manganese ore of mining leases in goa. in respect of 22 cases ..... the leases in 88 cases and had requested the ministry to lift the abeyance on environmental clearance vide letters dated 07/01/2015 and 05/02/2015. mines and minerals (development and regulation) (amendment) ordinance, 2015 came into force on 12/01/2015, extending the mining leases for merchant mines till 31/03/2020. in view of this, the respondent had considered in all 137 cases for lifting of abeyance, on .....

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May 07 2015 (HC)

M/s. V. M. Salgaoncar Sales International Vs. Assistant Commissioner o ...

Court : Mumbai Goa

..... ] vide the mines and minerals (development and regulation) amendment ordinance, 2015, dated 12/01/2015 and hence the decision of the hon'ble supreme court is no more applicable. moreover, you ..... as under: ??however vide your reply dated 09/02/2015 you have brought to my notice that the government of india has amended the mines and minerals (development and regulation) act [mmdr act ..... did not deal with the petitioner's objection that no income is earned from mining leases as they do not hold any mining leases, consequently, the question of illegal mining would not arise in their case. the assessing officer in the order dated 20/02/2015 has on the contrary recorded the following as the submission/ objection of the petitioner ..... , the manner in which the objection of the petitioner that they do not own any mining leases has been dealt with by the order dated 20/02/2015, casts a doubt on the entire order disposing of the objections dated 20/02/2015 as to what has been the application of mind while disposing of other objections. 11. .....

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Jul 14 1977 (HC)

Janu Chandra Waghmare and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1978Bom119; (1977)79BOMLR499

..... on the declaration contained in section 2 of the act, which were considered by the supreme court in the case of state of ..... section 15 the whole of the field relating to minor minerals came within the jurisdiction of parliament and no scope was left for the enactment of the second proviso to section 10 in the land reforms act.' there were some very significant changes made in act 67 of 1957 by the mines and minerals (regulation and development) amending act, 1972, particularly in sections 16 and 17 which had repercussions ..... (acquisition) act, 1975 being act 29 of 1975 as amended by act 72 of 1975 (hereinafter referred to as 'the acquisition act') has been challenged principally on three grounds, namely (a) lack of legislative competence, (b) contravention of article 301 of the constitution and (c) trenching done by the enactment upon the field occupied by or under the central act 67 of 1957 -- mines and minerals (regulation and development) act, 1957 .....

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May 08 2013 (HC)

Salitho Ores Pvt Ltd. and Others Vs. the CaptaIn of Ports CaptaIn of P ...

Court : Mumbai Goa

..... ] from the leased area at the rate for the time being specified in the second schedule in respect of that mineral. [(2a) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in ..... of notification dated 13/08/2009, amended rule 64d of the mineral concession rules, 1960 and are challenging the instruction dated 10/12/2009 which had been issued by respondents on the ground that it is contrary to the proviso to section 9(3) of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as ??mmdr act ? ). 2. petitioners in these ..... a colliery provided that such consumption by the workman does not exceed one-third of a tonne per month.] (3) the central government may, by notification in the official gazette, amend the second ..... petitions have been granted mining lease of various plots of lands mentioned in respective petitions and pursuant to the said lease which has been granted, .....

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Jan 05 2009 (HC)

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

..... rendering services by the state and it does not impinge upon regulation of mines and mineral development or upon control of industry by the central government, it is not unconstitutional.(g). in relation to .coal matters. before it, the hon. apex court observes:136. the amendments incorporated by the west bengal taxation laws (amendment) act 1992 w.e.f. 1- 4-1992 into the ..... purpose of municipal administration. surely. the functions, powers and duties of municipalities do not become an occupied field by reason of the declaration contained in section 2 of the mines and minerals (development and regulation) act. 1957. though, therefore, on account of that declaration, the legislative field covered by, entry 23, list ii may pass on to the parliament by virtue of entry ..... is declared by parliament by law to be expedient in the public interest'. it is true that on account of the declaration contained in section 2 of the mines and minerals (development and regulation) act 1957 the legislative field covered by entry 23 of list ii will pass on to parliament by virtue to entry 54 list i. but in order to ..... apparent that vesting of these lands or rights in or over these lands in wcl is an accepted position. provisions under maharashtra land revenue code & of mines and minerals (development and regulation) act, 1957 (hereinafter referred to as act no. 67 of 1957) with 1960 rules framed thereunder need to be scrutinized. whether there is any overlapping & if yes, its effect and consequential .....

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Aug 13 2014 (HC)

M/s Lithoferro, a partnership firm, Goa represented herein by its Part ...

Court : Mumbai Goa

..... judgment. brief background and facts of the case 2-a. on 19th december, 1961, goa was liberated and became a part of indian union. on 1st october, 1963, the mines and minerals (development and regulation) act, 1957 (hereinafter, referred to as ??the mmdr act") was made applicable to the union territory of goa. prior to liberation of goa, the portuguese who were ruling goa had granted ..... provisions of section 24a(3) of the mc rules. (e) the ibm recommended second renewal for 20 years, subject to satisfaction that the mining was in the interest of mining development. (f) the government of goa introduced the indian stamp act (goa amendment) act, 2012; (g) demand notices were issued to the petitioners individually, asking them to pay the enhanced stamp duty. the petitioners, accordingly, deposited ..... ibm also recorded its subjective satisfaction that the same is in the interest of mineral development. thus, there is enough material on record to show that the government agreed to grant the second renewal of mining leases under section 8(3) of the mmdr act and thereafter amended the stamp act and directed some of the petitioners to pay the stamp duty and even accepted the .....

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Dec 10 2013 (HC)

Smt. Maria Teresa Philomena D'Rocha Pegado Vs. State of Goa, through t ...

Court : Mumbai Goa

..... b.r. gavai, j. the petitioner has approached this court praying for a declaration that rule 5 of the goa minor mineral concession (amendment) rules, 2002 is unconstitutional, illegal and ultra vires section 15(1)(1a)(d)(h) of the mines and minerals (development and regulations) act, 1957. the petitioner has also prayed for a writ of mandamus, commanding respondents no.1 and 2 to cancel the quarry ..... was relating to grant of quarrying lease in respect of land in which minor minerals belong to persons other than the state government. the same stood deleted by rule 5 of goa minor mineral concession (amendment) rules, 2002 ..... . with effect from 28th july, 1986, the state government brought into force the goa minor mineral concession rules, 1985 (hereinafter referred to as ??the said rules ? ) pursuant to the powers vested in it under section 15 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as ??the said act ? ). in so far as chapter iii of the said rules is concerned, the same .....

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Jun 29 1998 (HC)

Grasim Industries Itd Vs. Deputy Commissioner of Income Tax

Court : Mumbai

Reported in : (1999)64TTJ(Mumbai)357

..... the mysore village panchayats and local boards act, 1959. under the said act the board had sought to levy tax on mining activities carried on by the persons holding mineral concessions. the mysore court had observed that once the parliament made a declaration by law that it is expedient in the public interest to make regulation of mines and minerals development under the control of the union to ..... karnataka state financial corporation (supra) the karnataka high court has merely stated that the expenditure on entertainment was covered by the provisions of s. 37qb) of the act with retrospective amendment by the finance act, 1983 and nothing more.in the patna's high court decision, the question was whether the expenditure on entertainment of foreign guests, visitors would come within the expression ..... by the cit(a) at p. 55 of his order. the amount spent on repairs in the next year was furnished. shri dastur also advanced an alternative argument that after amendment of s. 32 and with introduction of scheme of depreciation on 'block of assets', it is no longer necessary for the assessee to prove 'user' of assets for clear of ..... in salern district of tamilnadu. the government of tamilnadu sanctioned the grant to the company mining lease of limestone and concur for a period of 20 years at certain rates of royalty, dead rent and surface rent. under s. 15 of madras panchayat act, as amended by the madras act of 1964, the appellant was required to pay cess @45 paise per rupee an .....

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Jun 29 1998 (TRI)

Grasim Industries Ltd Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the mysore village panchayats and local boards act, 1959. under the said act the board had sought to levy tax on mining activities carried on by the persons holding mineral concessions. the mysore court had observed that once the parliament made a declaration by law that it is expedient in the public interest to make regulation of mines and minerals development under the control of the union to ..... state financial corporation (supra) the karnataka high court has merely stated that the expenditure on entertainment was covered by the provisions of s. 37(2b) of the act with retrospective amendment by the finance act, 1983 and nothing more.in the patna's high court decision, the question was whether the expenditure on entertainment of foreign guests, visitors would come within the expression ..... by the cit(a) at p.55 of his order. the amount spent on repairs in the next year was furnished. shri dastur also advanced an alternative argument that after amendment of s. 32 and with introduction of scheme of depreciation on "block of assets", it is no longer necessary for the assessee to prove "user" of assets for claim of ..... in salem district of tamilnadu.the government of tamilnadu sanctioned the grant to the company mining lease of limestone and concur for a period of 20 years at certain rates of royalty, dead rent and surface rent. under s. 15 of madras panchayat act, as amended by the madras act of 1964, the appellant was required to pay cess @45 paise per rupee an .....

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Jul 30 1991 (HC)

Maharashtra Elektrosmelt Ltd. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : (1991)93BOMLR389

..... a. (i) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall notwithstanding anything contained in the instrument of lease or in any other law ..... dead rent as soon as the lease-deed is executed, not withstanding that possession is not delivered. the only defence seems to be section 9-a of the mines and minerals (regulation and development) act, 1957 to which we have already referred supra.7. our attention was invited to the letter dated 20th november 1984 addressed by the collector, chandrapur, to the ..... of any fault on its part in carrying on the mining operations after the receipt of the possession of the land.5. the respondents have contested the claim of the petitioner. according to them, the petitioner is liable to pay the dead rent under section 9-a of the mines and minerals (regulation and development) act, 1957. section 9-a reads as under:9- ..... senior labour welfare officer of the petitioner, demanding payment of dead rent. there is a reference to rule 27(c) of the mineral concession rules, 1960, which reads thus-27. .....

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