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PETITIONER: THE MINERAL DEVELOPMENT LTD., CALCUTTA
Vs.
RESPONDENT: THE UNION OF INDIA AND ANOTHER.
DATE OF JUDGMENT: 31/08/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. SINHA, BHUVNESHWAR P.(CJ) KAPUR, J.L. GAJENDRAGADKAR, P.B. SUBBARAO, K.
CITATION: 1960 AIR 1373 1961 SCR (1) 445
ACT: Mining lease-Whether includes sub-lease-Mines and Minerals (Regulation and Development) Act, 1948 (53 of 1948), S. 3(d) Mineral Concession Rules, 1949.
HEADNOTE: The appellant, a limited company, which was the lessee of a mining lease granted a sub-lease in respect of two of the villages comprised in its grant. The secretary and two of the directors of the company were prosecuted for having contravened the provisions of the Mines and Minerals (Regulation & Development) Act, 1948, and the Mineral Concession Rules, 1949, which were framed under it. The appellant contended, firstly, that the sub-lease was not covered by the definition of the term " Mining lease " of the Act and as such the Act and Rules did not apply to a sub-lease at all ; and secondly, that as these rules were made under ss. 5 and 6 of the Act and not under s. 7 they have no application to a sub-lease granted by a lessor, even after the coming into force of the Act and the Rules where the lessor’s own lease was of date anterior to the coming into force of the Act and the Rules. Held, t...