Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from recovering royalty from plaintiffs - Brick earth was declared as a minor mineral by a notification u/s 3(e) of Mines and Minerals Act - State Government thus, gets the right to levy royalty on the production and disposal of minor minerals - Once it is shown that under the Mineral..........
Criminal Procedure Code, 1973, Section 438, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(4) -- Anticipatory bail - Offence u/ss 21(1), 21(4) of Mines and Mineral Act - Offending tractor trolley was seized with illegal stone dust - Same was being driven by son of petitioner - It was the petitioner who directed his son to dump the stone dust..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 13, Mineral (Auction) Rules, 2015, Rule 10, Constitution of India, 1950, Article 142 -- Mining lease - E-auction - Rectification of bid - Bid of 140.10% offered by appellant within four minutes of last bid of 104.05% - There was sufficient material to suggest that appellant did not consciously enhance its..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 21(5), Rajasthan Minor Mineral Concession Rules, 2017, Rule 5(4) -- Illegal sand mining - Polluter pays principle - Compensation or penalty to be paid by those indulging in illegal sand mining cannot be restricted to value of illegally-mined minerals but shall also include cost of restoration of environment..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, 22, 23C, 23A, 15, Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006, Rule 18, Madhya Pradesh Minor Mineral Rules, 1996, Rule 53 -- Illegal mining/transportation of sand -..........
Mines and Minerals (Development and Regulation) Act, 1957, Section 15, 15A, 23C, Gujarat Minor Mineral (Amendment) Rules, 2010, Rule 44BB, 71 - - Power of State Government to make Rules regarding transportation or storage of minerals - Prohibition/movement of sand beyond border - Scheme of the Act does not empower and cannot be stretched to empower State Government to make..........
Criminal Procedure Code, 1973, Section 451, 457, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Rajasthan Minor Mineral Concession Rules, 1986, Rule 48(6) -- Rajasthan Minor Mineral Concession Rules, 2017, R.54(5) - Release of vehicle - Offence u/ss 143, 323, 341, 332, 353, 379, 392 IPC and Ss.41, 21 of Mines Act - Power of Mining Department -..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8(3), Forest (Conservation) Act, 1980, Section 3, Environment (Protection) Act, 1986, Section 3 -- Illegal mining of iron ore and manganese ore - Grant of second renewal of mining leases in violation of Goa foundation - Validity - Second renewal was unduly hasty, without taking all relevant material into..........
Constitution of India, 1950, Article 14, Mines and Minerals (Development and Regulation) Act, 1957, Section 9, Mineral Concession Rules, 1960, Rule 64B, 64C -- Royalty - Validity - Discrimination resulting from fortuitous circumstance due to some peculiarity in coal only, by which royalty payers on coal mining only are said to be adversely affected by Rules - Said..........
Constitution of India, 1950, Article 32, 142, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(5), 23C, Mineral Concession Rules, 1960, Rule 22(5) -- Iron Ore - Illegal mining - Petitioners objected to change from existing pattern of sale of iron ore in State of Karanataka - However, Monitoring Committee whom iron ore is currently being sold by..........
