Skip to content


Judgment Search Results Home > Cases Phrase: the mines and minerals development and regulation amendment act 2015 Year: 1986

Mar 05 1986 (SC)

D.K. Trivedi and Sons and ors. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Mar-05-1986

Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)

..... , 1957, part ii, section 2, at page 392). the 1957 act was amended with retrospective effect by the mines and minerals (regulation and development) amendment act, 1958 (act no. 15 of 1958). this amendment act dealt with mining leases in respect of coal granted before october 29, 1949, and does not concern us. the 1957 act was again amended by the mines and minerals (regulation and development) amendment act, 1972 (act no. 56 of 1972), which came into force on september ..... 12, 1972. the amendment act of 1972 was enacted mainly to carry out the ..... recommendations made by the mineral advisory .....

Tag this Judgment!

Dec 11 1986 (HC)

Mangalam Cement Ltd. and Etc. Etc. Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Dec-11-1986

Reported in : AIR1987Raj186; 1987(2)WLN643

..... to levy tax on the land as defined under section 2(g) of the state act and the purpose of the act is not the regulations of mines and mineral developments. the 'pith and substance' of the act is to tax the land and as such it falls under entry 49 of the list ii-state list.9. a connected ..... and 31 of the constitution of india. their lordships dealt with art, 19(1)(f)of the constitution as stood then before its deletion by the 44th amendment act. it was held that the tax being on the land holding, it is fixed in themight of the annual value of the landholding. the land-holding is ..... article 19(1)(f) a person was to acquire and hold and dispose of the property, but it was omitted by section 2 of the constitution (44th amendment) act, 1978. according to the non-petitioners the deletion of the aforesaid clause from article 19(1) of the constitution jsnq longer open to challengeon the ground that ..... own property.13. in the case of k. t. moopil nair (supra) the supreme court in para 10 held that the travancore-cochin land tax act as amended by act 10 of 1957 is confiscatory. in that case the petitioners owned forests in certain parts of palghat taluk in palghat district which was part of the state ..... or half of the amount of the royalty payable for the year with regard to such ore or mineral whichever is higher. after the amendment of the above clause section 2(1)(a) reads as under :in this act unless the context otherwise requires (a) annual value means in the case of land held or used in .....

Tag this Judgment!

Oct 16 1986 (HC)

T.R.N. Swamy Vs. Director of Mines and Geology

Court : Karnataka

Decided on : Oct-16-1986

Reported in : ILR1987KAR262

..... valid ?16. to decide the revisional jurisdiction of the controlling officer, it would be necessary to refer to certain provisions of the minor mineral concession rules, 1969. these rules are framed under section 15 of the mines and mineral (regulation and development) act, 1957. under these rules, apart from the state government, powers are given to 'competent officer' and 'controlling officer'. by notification ..... reagitate this point. although by reason of the explanation which was inserted in section 141 of the code of civil procedure, 1908, by the code of civil procedure (amendment) act, 1976, section 11 of the code does not in terms apply to any proceeding under article 226 of the constitution, the principle of res judicata does apply to ..... the 'assistant geologist' by oversight has mentioned 'grey granite' instead of 'grey gneisses'.relevant legislative amendments re : minor minerals:'minor mineral' is defined in the act; it reads thus :'minor mineral means building stones, gravel ordinary clay, ordinary sand used for prescribed purposes, and any other mineral which the central government may, by notification in the official gazette, declare to be a minor ..... 27-3-1982 ; this was published in the gazette on 8-4-1982, and it came into force at once, the said rule reads thus :'amendment of rule 3a : in rule 3a of the karnataka minor mineral concession rules, 1969,....(i) in the heading, for the words, 'black granite', the words 'black granite' or 'pink granite' shall be substituted .....

Tag this Judgment!

Jun 16 1986 (TRI)

Collector of Customs Vs. Warner Hindustan Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jun-16-1986

Reported in : (1986)(9)ECC108

..... some provisions of the bihar land reforms act, 1950 and the mining leases (modification of terms) rules, 1956 providing for the modification and alteration of terms and conditions in the mining leases granted prior to the mines and minerals (regulation and development) acts of 1948 and 1957 that were required to be construed. the bihar land reforms act was amended in 1964. the amended provision was relied upon as a parliamentary ..... exposition of the statute as it existed prior to the amendment. it was observed, "sometimes light may be thrown upon ..... the meaning of an act by taking into consideration 'parliamentary expositions .....

Tag this Judgment!

Mar 05 1986 (SC)

Ambalal Manibhai Patel Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Mar-05-1986

Reported in : AIR1986SC1620; 1989Supp(2)SCC362

..... , issued by the government of gujarat in the exercise of the power under section 15(1) of the mines and minerals (regulation and development) act, 1957, whereby the government of gujarat made the gujarat minor mineral (second amendment) rules, 1976, enhancing the rate of dead rent payable by the holders of quarry leases. the appellant's ..... pending, the government of gujarat issued a notification dated march 26, 1979, whereby it made the gujarat minor minerals (amendment) rules, 1979, reducing the rates of royalty in respect of all minor minerals to a uniform rate of ten paise per metric tonne and enhancing the rates of dead rent. several writ ..... inoperative, the present appeal requires to be allowed.5. we, accordingly allow the appeal and restrain the state of gujarat and its officers from acting upon the directions contained in the said circular dated february 12, 1981, and further direct the state of gujarat to collect royalty and dead rent ..... law but on a wholly different ground, namely, that it violates the prohibition contained in the proviso to section 15(3) of the said act.3. in the present appeal, the contention of the appellant is that what was challenged before the high court in smt. sonbai's case ..... guj lr 530 holding both the said 'notifications dated april 6, 1976, and march 26, 1979, to be ultra vires section 15 of the said act, and article 19(1)(g) of the constitution. thereupon the government of gujarat issued a circular dated february 12, 1981, directing that in view of .....

Tag this Judgment!

May 07 1986 (SC)

Bira Kishore Naik Vs. Coal India Ltd. and ors.

Court : Supreme Court of India

Decided on : May-07-1986

Reported in : AIR1986SC2123; 1986LabIC1944; (1986)IILLJ139SC; 1986(1)SCALE1300; (1986)3SCC338; [1986]2SCR1044; 1986(2)LC293(SC)

..... appropriate either to nationalise these unauthorisedly worked mines after taking them over under the coal mines (taking over of management) act, 1973 or to get the concerned mining leases prematurely terminated and regranted to government companies under the mining and minerals (regulation and development) act, 1957. in order to achieve this purpose the coal mines (nationalisation) amendment ordinance was promulgated on april 29, 1976 ..... to the knowledge of the central government, the provisions of coal mines (taking over of management) act, 1973 shall apply to such mines until that mine is nationalised by an appropriate legislation. section 3(3) as amended by the coal mines nationalisation (amendment) act, 1976 provides that on and from the commencement of the amendment act (i.e. 29th april, 1976) no person, other ..... to terminate the leases existing in favour of the private persons. the ordinance was converted into the coal mines (nationalisation) amendment act 67 of 1976. the validity of the amending act was challenged by the owners of the coal mines before this court. in tara prasad singh etc. etc. v. union of india and ors. : [1980]3scr1042 a ..... or(iii) a company engaged in the production of iron and steel, shall carry on coal mining operation, in india, in any form.4. it further provides that excepting the mining leases granted before the commencement of the amendment act in favour of the government company or corporation or any sub-lease granted by any such government, .....

Tag this Judgment!

Dec 18 1986 (SC)

Rural Litigation and Entitlement Kendra and ors. Vs. State of Uttar Pr ...

Court : Supreme Court of India

Decided on : Dec-18-1986

Reported in : AIR1987SC359; 1986(2)SCALE1083; 1986Supp(1)SCC517; [1987]1SCR641; 1987(1)LC132(SC)

..... and a number of persons who had migrated from pakistan started working on limestone deposits by quarrying in private lands. in 1949, the minerals concession rules made by the central government under the minerals regulations act, 1948, authorised grant of mining leases and several applicants came forward for quarrying of high grade limestone. until 1962, extraction of limestone was permitted on temporary permits by ..... the a category quarries within the municipal limits, we set up a committee under the chairmanship of shri d. bandyopadhyay, then secretary in the ministry of rural development and called upon the mine owners to submit a full and detailed scheme to that committee which would examine the said scheme keeping in view the provisions of the law as also the ..... growth of population the demand for land has increased and forest growth has been and is being cut down and man has started encroaching upon nature and its assets. scientific developments have made it possible and convenient for man to approach the places which were hitherto beyond his ken. the consequences of such interference with ecology and environment have now ..... and remain cognizant of the fact that the stake involved in the matter is large and far-reaching. the evil consequences would last long. once that unwanted situation sets in, amends or repairs would not be possible. the greenery of india, as some doubt, may perish and the that desert may expand its limits. 19. consciousness for environmental protection is .....

Tag this Judgment!

Jan 20 1986 (HC)

Primary Co-operative Land Development Bank Ltd. Vs. State of Karnataka

Court : Karnataka

Decided on : Jan-20-1986

Reported in : ILR1986KAR427

..... the actions taken thereunder by the cca against them or their employees. during the pendency of these cases before this court, the. karnataka co-operative societies (amendment) act of 1984 (karnataka act 5 of 1984) (1984 act) which came into force from 9-1-1984 substituted section 128a with a new section from that day empowering the registrar of co-operative societies (registrar) to ..... .2. as on 1-11-1956 on which day the new state of karnataka comprising of the areas specified in section 7 of the states reorganization act come into being, there were co-operative laws regulating the establishment, functioning and control of co-operative societies in the respective erstwhile areas of the new state. the new state by virtue of the powers ..... incidental matters. broadly the said chapter provided for the establishment of an apex bank then called the 'state land mortgage bank', later as state land development bank from 26-6-1965 but is now called as 'the state agricultural and rural development bank' ('apex bank') from 9-1-1984 and one land mortgage bank for each revenue taluk called as 'primary land ..... development bank' of the taluk (pld bank) from 26-6-1965, but is now called as agricultural and rural development bank of the taluk (ard bank) from 9-1-1984 to achieve the purposes and objects enumerated therein. this chapter with the rules .....

Tag this Judgment!

Mar 13 1986 (HC)

Siddalingappa Vs. Bangalore Development Authority

Court : Karnataka

Decided on : Mar-13-1986

Reported in : ILR1986KAR3023

..... in question for any other purpose other than the one for which it is allotted ; that no doubt, the act, as it stood prior to the coming into force of the amending act 17 of 1984 contained the definition of the expression 'amenity'; that the definition of the expression ''amenity' is an ..... the intended use of the site for which it is reserved and such an allotment is opposed to the provisions of the bangalore development authority act, 1976 (hereinafter referred to as the 'act')and the bangalore city improvement (allotment of sites) rules, 1972 (hereinafter referred to as the 'rules') ; that the allotment ..... p. & ors., ilr (karnataka) 1932(1) 1. in that case, in a private layout, a site was reserved for children park. after the development of the lay-out as per law, the site was handed over to the corporation. after it was handed over to the corporation, it was allotted by ..... being in force sanctioned by the government under section 49 of the act, the power of appointing promoting, suspending, dismissing, fining, reducing or granting leave to ..... hundred and fifty rupees' occurring in section 50 of the act by the words 'one thousand and five hundred rupees.' section 50 of the act, deals with appointment etc. sub-section (1) thereof, provides that subject to the provisions of the regulations framed under section 70 and of the schedule for the time .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //