Supreme Court of India Judgements

46650 Judgements hosted as on 11/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Mining

Corporate Mining

Bird and Company Limited (Acquisition and Transfer of Undertaking and Other Properties) Act, 1980 – Sections 3 and 7 – Renewal of mining leases granted to Bird and Company Limited, which were later vested in Bharat Process & Mechanical Engineers Limited (BPMEL) after nationalization. BPMEL, in liquidation, and its subsidiary OMDC are central to the case – The dispute revolves around the renewal of three expired mining leases: Kolha-Roida, Thakurani, and Dalki – TGP Equity Management Private Limited, an assignee of UCO Bank’s claims against BPMEL, seeks renewal or transfer of these leases – The Government of Odisha and the Union of India argue against renewal, citing BPMEL’s non-operation and financial constraints – The Supreme Court dismissed TGP’s appeals and upheld the State of Odisha’s order, rejecting the renewal of the Kolha-Roida lease – The Thakurani and Dalki leases are also rejected, citing the impracticality of renewing leases for a defunct company and the lack of a viable mining operation plan – The dispute should be resolved, with dues settled under the Companies Act, 1956.

Jun 10, 2024 sclaw

(2024) INSC 440 SUPREME COURT OF INDIA DIVISION BENCH CHIEF SECRETARY GOVERNMENT OF ODISHA — Appellant Vs. BHARAT PROCESS AND MECHANICAL ENGINEERS LIMITED (IN LIQUIDATION) AND OTHERS — Respondent (…

Mining Tenders & Contracts

Mineral (Auction) Rules, 2015 (as amended by Mineral (Auction) Amendment Rules, 2017) – Rule 9(10), Rule 9(11) and Rule 9(12) – The State Government is expected to be aware of the commercial worth of the natural resources being tendered or auctioned, as well as their potential future earning capacity – Consequently, the statutory regulations outline a bid cum e-auction process that involves not only shortlisting technically qualified bidders but also evaluating specific bids to ensure they meet eligibility criteria for participation in the e-auction – The rules incorporate various safeguards to guarantee transparency and objectivity throughout the bidding process.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF JHARKHAND — Appellant Vs. SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD. AND OTHERS — Respondent ( Before : S.V.N. Bhatti and Sanjiv Khanna,…

Constitution Mining

HELD the bidder was advised to inspect and satisfy itself regarding the mining area before participating in the bidding process. As to what would be the effect of that clause on the relief claimed by the original petitioner is a matter which requires consideration. But there appears no discussion in that regard in the orders impugned. That apart, there is no determination of the area, if any, which falls in the disputed territory i.e., within the State of M.P. There is also no discussion on the plea of the appellants that the amount of which refund was sought was far in excess of the amount paid by the original petitioner – Remanded

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH STATE OF U.P AND OTHERS — Appellant Vs. VINAY KUMAR SINGH @ RESPONDENT ( Before : Dr Dhananjaya Y Chandrachud, CJI., J B Pardiwala…

Corporate Mining

Mines and Minerals (Development and Regulation) Act, 1957 – Section 15 – Rajasthan Minor Mineral Concession Rules, 1986 – Rules 4(10) and 7(3) – When a decision is taken by a competent authority in public interest by evolving a better process such as auction, a right, if any, to an applicant seeking lease over a Government land evaporates on its own – An applicant cannot have an exclusive right in seeking a grant of license of a mineral unless facilitated accordingly by a statute

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. SHARWAN KUMAR KUMAWAT ETC. ETC — Respondent ( Before : A.S Bopanna and M.M Sundresh,…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw