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Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Year: 1981

Feb 12 1981 (HC)

M.V. Krishna Rao Vs. the District Collector Krishna and ors.

Court : Andhra Pradesh

Decided on : Feb-12-1981

Reported in : AIR1982AP55

..... . in that amendment ss. 4-a, 0-a, 13-a, 18-a and 23 ..... legislate on the subject of minor minerals are enumerated in entry 23 of list ii of state list. the indian parliament in sec. 2 of the act declared that the union to 'control' mines and 'regulate' development of minerals. having declared the parliament enforced the act from june 1 1958 : the act was amended by the mines and minerals ( regulation and development ) amendment act 56 of 1972 ( amending act ) the amending provisions were enforced from september 12. 1972 ..... any retrospective operation has to be determined. when like contentions were raised before the supreme court in baijinath kedia : [1970]2scr100 as respects minor mineral of bihar state, that court observed 'all mining leases granted before the commencement of the mines and minerals (regulation and development) amendment act, 1972 if in force at such commencement,' even when the leases were 'brought in conformity' with the provisions of the .....

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Jul 20 1981 (HC)

The Associated Cement Cos. Ltd. Vs. Government of Andhra Pradesh and a ...

Court : Andhra Pradesh

Decided on : Jul-20-1981

Reported in : AIR1981AP320

..... communal use. reference in this connection may also be had to section 9-a of the act. which was introduced by the amendment act 56 of 1972. the section reads :'9a. (1) 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 ..... for quarrying lime-stone over an area of 1,900 acres in ralli reserve forest area, lakshattipet taluk in adilabad district, under the provisions of the mines and minerals (regulation and development) act, 1957. the original lease was granted in 1956, and was renewed, at the request of the petitioner, under g. o. ms. no. 596, dated 21-5-1977 for a period ..... which that property can be enjoyed. if the subject-matter of the lease is mineral land or a sand-mine, as in the case before us. it can only be enjoyed and occupied by the lessee by working it, as indicated in section 108, t. p. act, which regulates the rights and liabilities of lessors and lessees of immoveable property.....'.the court observed further ..... of 20 years. the petitioner was called upon to pay stamp-duty under article 31(a)(iv) and article 31(c) of schedule 1-a of the indian stamp act .....

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Feb 05 1981 (SC)

State of Tamil Nadu Vs. Hind Stone and ors.

Court : Supreme Court of India

Decided on : Feb-05-1981

Reported in : AIR1981SC711; 1981(1)SCALE237; (1981)2SCC205; [1981]2SCR742; 1981(13)LC408(SC)

..... or inter-course but rather facilitate them' (the automobile transport, rajasthan ltd. v. state of rajasthan : [1963]1scr491 . the mines & minerals (regulation and development) act is, without doubt a regulatory measure. parliament having enacted it for the express purpose of 'the regulation of mines and the development of minerals'. the act and the rules properly made thereunder are, therefore, outside the purview of article 301. even otherwise article 302 which ..... were also interested only in obtaining the maximum profit in the shortest period of time without taking into consideration the proper mining and development of the mineral. there was also considerable wastage of new materials due to wasteful mining. therefore, government issued a further amendment as rule 8-b wherein the competent authority to grant leases in respect of the quarrying black granite was transferred ..... that it infringes the fundamental right guaranteed by article 19(1)(g).8. earlier in rai sahib ram jawaya kapur v. the state of punjab : [1955]2scr225 before the seventh amendment of the constitution by which the present article 298 was substituted for the old article, the question arose whether it was beyond the competence of the executive government to carry .....

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Nov 26 1981 (SC)

Western Coalfields Limited Vs. Special Area Development Authority, Kor ...

Court : Supreme Court of India

Decided on : Nov-26-1981

Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1

..... 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 of entry 54, list i. but in order ..... bihar rules. this court held that the pith and substance of the amended section 10(2) fell within entry 23 although it incidentally touched land and that, therefore, the amendment was subject to the overriding power of parliament as declared in section 15 of the mines and minerals (regulation and development) act, 1957. by the aforesaid declaration and the enactment of section 15, ..... the whole of the field relating to minor minerals had come within the jurisdiction of parliament and no scope was .....

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Aug 26 1981 (SC)

Vinodkumar Shantilal Gosalia Vs. Gangadhar Narsingdas Agarwal and ors.

Court : Supreme Court of India

Decided on : Aug-26-1981

Reported in : AIR1981SC1946; 1981(3)SCALE1459; (1981)4SCC226; [1982]1SCR392

..... under the same laws, also came to a termination. this, according to counsel, was much more so with effect from october 1, 1963, on which date the mines and minerals (regulation and development) act, 1957, and the mineral concessions rules, 1960 were extended to goa. in regard to the nature of the right which respondent 1 claimed under the portuguese law, it is argued by shri ..... of 1962, replacing the aforesaid ordinance with effect from march 5, 1962. on the same date, the parliament enacted the constitution (twelfth amendment) act, 1962 whereby goa, daman and diu were added as entry 5 in part ii of the first schedule to the constitution, and as clause (d) in article 240 of the ..... to the date of annexation were still in force and all that was required was the expression of a legislative will to continue those laws in force until they are amended or repealed by a competent legislature or other competent authority. counsel illustrated his argument by taking the example of the penal laws of goa. those laws, says he, could not ..... laws in force immediately before the appointed day in goa, daman and diu or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority. 14. the object of passing the regulation was to extend certain laws to the union territory of goa, daman and diu. section 2(a) of the .....

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Nov 13 1981 (SC)

R.K. Garg and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-13-1981

Reported in : (1981)25CTR(SC)406; [1982]133ITR239(SC); (1981)4SCC675; [1981]1SCR947; 1982(14)LC12(SC)

..... to as the 1956 rules) made under mines and minerals (regulation and development) act, 1948 (referred to shortly as 1948 act) were void as being inconsistent with the provisions of the 1948 act and if they were void, they could be said to be continued by reason of section 29 of the mines and minerals (regulation and development) act, 1957 (hereinafter called the 1957 act). this court sitting in a constitution bench ..... the president. we do not therefore think there is any substance in the contention of the petitioner that the president has no power under article 123 to issue an ordinance amending or altering the tax laws and that the ordinance was therefore outside the legislative power of the president under that article. 8. that takes us to the principal question ..... that he is on that account not liable to prosecution and penalty for concealment of such income. this is the main difference between the impugned act and the taxation laws (amendment and miscellaneous provisions) act, 1965. under the latter act, where gold is acquired by a person out of his undisclosed income, which is the same thing as black money, and such gold ..... that special bearer bonds are utilised for any dishonest or nefarious purpose or are being perverted to any improper use, the legislature can always step in and amend the act or pass other appropriate legislation with a view to preventing such abuse. it must be remembered that every legislation is an experiment in achieving certain desired ends and trial .....

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Jul 02 1981 (FN)

Commonwealth Edison Co. Vs. Montana

Court : US Supreme Court

Decided on : Jul-02-1981

..... the purposes of the mineral lands leasing act of 1920, ch. 85, 41 stat. 437, 30 u.s.c. 181 et seq. (1976 ed. and supp. iii) (1920 act), as amended by the federal coal leasing amendments act of 1975, pub.l. 94-377, 90 stat. 1083 (1975 amendments). appellants argue that, under the 1920 act, the "economic rents" attributable to the mining of coal on federal ..... maximization," and that the montana tax accordingly bears no reasonable relationship to the services and protection afforded by the state. r. nehring & b. zycher with j. wharton, coal development and government regulation in the northern great plains: a preliminary report 148 (1976); church at 272. see krutilla at 185. these findings, of course, are not dispositive of the issue whether ..... may direct giving priority to those subdivisions of the state socially or economically impacted by development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service. . . ." mineral lands leasing act of 1920, 35, 41 stat. 450, as amended, 30 u.s.c. 191. an additional 40% of this federal revenue from ..... we rejected a preemption argument similar to the one appellants urge here. there, it was argued that the "basic national policy favoring free competition" reflected in the sherman act preempted a state law regulating retail distribution of gasoline. id. at 437 u. s. 133 . the court acknowledged page 453 u. s. 634 the conflict between the state law and this .....

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