Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mines and Minerals |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Mines and Minerals (Development and Regulation) Act, 1957 - ss. 3(e), 4, 9, 14 and 16- Mineral Concession Rules, 1960 - Chapters IV, V and VI - Mining lease in the State of Tamil Nadu - Payment of royalty - Non-entitlement of a ryotwari pattadar who secures mining lease under the 1957 Act to pay royalty at a concessional rate - Whether the State Government has a discretion to collect royalty from any lessee at a concessional rate, other than the one prescribed under the Act in the absence of any specific provision under "the Act and Rules conferring such discretion - Held: Answer to the question depends upon the answer to 5 other questions/ issues - Pleadings in the writ petitions (culminating in the present appeals) hopelessly ambiguous, bald and imprecise to enable the Court to examine any one of the issues - But one of the issues already referred to a larger Bench of the Supreme Court, arising out of appeals from other parts of the country - Requirement of symmetric application of law; in a manner which is uniform throughout the country - Opportunity granted to the appellants as well as the State Government to suitably amend the pleadings in the writ petitions (which led to the present appeals) and place the complete facts necessary for adjudication of the questions on hand - Present appeals accordingly tagged with Civil Appeal Nos. 4056-64 of 1999 etc. - The Estates (Abolition and Conversion into Ryotwari) Act, 1948- The Tamil Nadu lnam Estates (Abolition & Conversion into Ryotwari) Act - Madras lnam Estates (Abolition and Conversion of Ryotwari) Act, 1963 - s.3(b) - Pleadings - Inadequate pleadings. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2013 INSC 837 |
Petitioner | Dalmia Cement (bharat) Ltd. |
Respondent | State Of Tamil Nadu & Another |
SCR | [2013] 17 S.C.R. 529 |
Judgement Date | 2013-12-16 |
Case Number | 5329 |
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