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Mines Act, 1952

34 judgments · newest first · showing 1–34

CHIMAN R. PATEL AND ORS.versusTAHASILDAR, SHAHAPUR AND ORS.

Disposed Off

The petitioners, members of a joint venture, challenged a Tahsildar's order imposing a penalty under Section 48(7) of the Maharashtra Land Revenue Code, 1966 for allegedly extracting 5,651.47 brass of loose soil from a construction site. They argued that the extracted soil was largely re‑levelled on …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

SHANKAR LALversusHINDUSTAN COPPER LTD. & ORS

2022 INSC 449Appeal(s) allowed

The appellant, a former employee of Hindustan Copper Ltd., challenged the employer’s order that treated his date of birth as 21‑September‑1945 instead of the 21‑September‑1949 recorded in his service book and other documents. The discrepancy affected the calculation of his Voluntary Retirement …

MANGANESE ORE INDIA LTD.versusSTATE OF M.P. & ORS.

2016 INSC 1017Appeal(s) allowed

Manganese Ore India Ltd. challenged the levy of a 40% electricity duty on its ferro‑manganese plant, arguing that the plant’s activities constitute manufacturing, not "processing" as defined in Explanation (b) of Part B of the Madhya Pradesh Electricity Duty Act, 1949. The State contended that the …

LANCO ANPARA POWER LIMITEDversusSTATE OF UTTAR PRADESH & ORS.

2016 INSC 973Dismissed

Lanco Anpara Power Ltd was constructing a thermal power plant and had obtained registration under the Factories Act. The State authorities issued show‑cause notices under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the …

PROMOTERS AND BUILDERS ASSOCIATION OF PUNEversusTHE STATE OF MAHARASHTRA & ORS.

2014 INSC 830Appeal(s) allowed

The Promoters and Builders Association of Pune and the Nuclear Power Corporation excavated ordinary earth – the former for building foundations and the latter for widening a sea‑water intake channel – and were penalised under Section 48(7) of the Maharashtra Land Revenue Code, 1966 for allegedly …

G.N. VERMAversusSTATE OF JHARKHAND & ANR.

2014 INSC 173Appeal(s) allowed

The appellant, G.N. Verma, the Chief General Manager of Karkata Colliery, was charged under s.72‑B of the Mines Act, 1952 for contravening a prohibitory order that led to a fatal accident. The complaint alleged that he was a "deemed Agent" of the mine, but it contained no specific allegation that he …

HINDUSTAN COPPER LTD.versusSTATE OF MADHYA PRADESH AND ORS.

2008 INSC 1326Appeal(s) allowed

Hindustan Copper Ltd., a government company engaged in open‑cast mining of copper ore and its subsequent processing into copper concentrate, challenged the levy of electricity duty under the Madhya Pradesh Electricity Duty Act, 1949. The Act’s Section 3 (Explanation (b)) defines a “mine” to include …

SOUTH EASTERN COALFIELDS LTD.versusCOMMISSIONER, CUSTOMS & CENTRAL EXCISE, M.P.

2006 INSC 481Appeal(s) allowed

South Eastern Coalfields Ltd. operated an electrical and mechanical workshop at Korba to repair mining equipment for adjacent coal mines. The Central Government had declared the workshop a "mine" under Section 82 of the Mines Act, 1952. The assessee claimed exemption from central excise duty under …

SPECIAL REFERENCE NO. 1 OF 2001versus-

2004 INSC 209Dismissed

The President referred three questions to the Supreme Court under Article 143(1) concerning whether natural gas (including LNG) falls under the Union List (Entry 53, List I), whether States can legislate on it under Entry 25, List II, and whether Gujarat's Gas (Regulation of Transmission, Supply and …

M/S. DAMODAR MANGALJI AND CO. ETC.versusTHE REGIONAL DIRECTOR

2001 INSC 125Dismissed

The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site …

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. M.M. SURI AND ASSOCIATES (P.) LTD.

1998 INSC 405Dismissed

The Employees' State Insurance Corporation (ESIC) appealed against a Delhi High Court order that held a 1988 notification extending the Employees' State Insurance Act, 1948 to shops was inapplicable to M.M. Suri & Associates (P) Ltd., a shop with five officers and fewer than twenty workers. The …

M.C. MEHTAversusSTATE OF.TAMIL NADU

1996 INSC 1454Disposed off

The Supreme Court entertained a public‑interest writ filed by M.C. Mehta challenging the employment of children below fourteen in hazardous factories and mines in Sivakasi and elsewhere, alleging violation of the fundamental right under Article 24 of the Constitution. The Court examined the …

BHARAT COKING COAL LTD.versusMADANLAL AGRAWAL

1996 INSC 1343Appeal(s) allowed

Madan Lal Agrawal sued Bharat Coking Coal Ltd. for eviction of land and buildings he claimed to own adjacent to Victory Colliery. The properties were used as offices and staff quarters for the mine, which had been taken over by the Central Government under the Coal Mines (Nationalisation) Act, 1973. …

UNION OF INDIAversusSH. AB. SHAH AND ORS.

1996 INSC 662Appeal(s) allowed

The Union of India filed a complaint under Section 73 of the Mines Act, 1952 alleging that Oriental Coal Co. Ltd. and its officials violated conditions 3 and 6 of the permission to split pillars with hydraulic sand stowing. The trial court and the High Court acquitted the respondents, holding that …

STATE OF MADHYA PRADESH AND ORS.versusM/S. BIRLA JUTE MANUFACTURING CO. LTD.

1995 INSC 364Appeal(s) allowed

The State of Madhya Pradesh appealed against a Madhya Pradesh High Court judgment that had held the electricity duty payable by Mis. Birla Jute Manufacturing Co. Ltd. for power consumed at its limestone mine premises should be calculated at the lower rate under Item (2) of the Table to Section 3 of …

BHARAT COKING COAL LTD. AND ANR.versusSTATE OF BIHAR AND ORS.

1990 INSC 232Appeal(s) allowed

Three coal companies (Bharat Coking Coal Ltd., Tata Iron & Steel Co. Ltd., Central Coalfields Ltd. & Coal India Ltd.) claimed ownership of coal slurry that escaped from their washery plants and settled on river beds and raiyati lands. The State of Bihar granted leases to private contractors to …

RURAL LITIGATION & ENTITLEMENT KENDRAversusSTATE OF U.P.

1988 INSC 254Disposed off

The Supreme Court entertained a public‑interest writ filed by Rural Litigation & Entitlement Kendra alleging illegal limestone mining in the Mussoorie‑Dehradun belt that was harming the ecology and forest cover. Several expert committees (Bhargava, Working Group, Bandyopadhyay) classified the mines …

P. SIVASWAMYversusSTATE OF ANDHRA PRADESH

1988 INSC 216Disposed off

The Supreme Court entertained a public‑interest writ petition filed by P. Sivaswamy after a social organisation’s letter alleged widespread bonded labour in stone quarries of Andhra Pradesh. The Court directed the State of Andhra Pradesh and the concerned states of Tamil Nadu, Karnataka and Orissa …

JOINT DIRECTOR OF MINES SAFETYversusTANDUR & NAYANDGI STONE QUARRIES (P) LTD.

1987 INSC 97Appeal(s) allowed

The Joint Director of Mines Safety issued a notice under Sections 17 and 22 of the Mines Act, 1952, requiring Tandur & Nayandgj Stone Quarries (P) Ltd. to appoint a qualified manager after an inspection revealed that the open‑cast mine employed more than 50 persons in a day. The quarry filed a writ …

BIRA KISHORE NAIKversusCOAL INDIA LTD. & ORS.

1986 INSC 111Dismissed

The petition filed by B.K. Naik and 700 workmen sought a writ of mandamus directing the Central Government to declare that Natundihi Pahariabera Colliery had vested in it and to treat the petitioners as its employees with back wages under Section 14 of the Coal Mines (Nationalisation) Act, 1973. The …

MAJ. GENL. A.S. GAURAYA & ANR.versusS.N. THAKUR AND ANR.

1986 INSC 93Appeal(s) allowed

The petitioners were accused in a complaint under the Mines Act, 1952 and the Metalliferous Mines Regulation, 1961. The Judicial Magistrate dismissed the complaint for default on 6 January 1972, but later restored it on 20 January 1972 upon the complainant's application. The accused argued that the …

RURAL LITIGATION AND ENTITLEMENT KENDRA DEHRADUN & ORS.versusSTATE OF U.P. & ORS.

1985 INSC 49Disposed off

The Supreme Court heard writ petitions filed by Rural Litigation and Entitlement Kendra challenging the continued operation of numerous limestone quarries in the Dehradun‑Mussoorie area, alleging environmental pollution and ecological damage. The Court examined reports of two expert bodies – the …

BANDHUA MUKTI MORCHAversusUNION OF INDIA & OTHERS

1983 INSC 203Disposed off

The petition, filed by a social welfare organisation, alleged that thousands of migrant workers in stone quarries and crushers in Faridabad were subjected to inhuman conditions, forced labour and bondage, violating their fundamental rights under Articles 21 and 23 of the Constitution. The Court …

NEW SATGRAM ENGINEERING WORKS & ANR.versusUNION OF INDIA & ORS. AND VICE VERSA

1980 INSC 151Case Partly allowed

The petitioners, New Satgram Engineering Works and related properties, challenged the takeover of their engineering unit, bungalow and guest house by the Central Government under the Coal Mines (Nationalisation) Act, 1973, seeking a mandamus. The High Court declined to decide whether these assets …

INDUSTRIAL SUPPLIES PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

1980 INSC 149Case Partly allowed

Industrial Supplies Pvt. Ltd. and another company were managing/raising contractors of two coking coal mines under long‑term agreements that required them to install machinery and other plant. The mines were taken over by the Central Government under the Coking Coal Mines (Nationalisation) Act, …

TARA PRASAD SINGH ETC. ETC.versusUNION OF INDIA & OTHERS

1980 INSC 106Case Partly allowed

The Supreme Court examined a group of writ petitions challenging the Coal Mines (Nationalisation) Amendment Act, 1976, which terminated existing coal mining leases and barred private persons from carrying out coal mining operations. The petitioners, lessees of coal and composite (coal‑fireclay) …