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december 1959

Supreme Court of India · 1959-12-15

MINERAL DEVELOPMENT LTD. vs THE STATE OF BIHAR AND ANOTHER

Citation / case number
SC 1956/27
Court
Supreme Court of India
Petitioner
MINERAL DEVELOPMENT LTD.
Respondent
THE STATE OF BIHAR AND ANOTHER
Author
SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that Section 25(1)(c) of the Bihar Mica Act, 1947 does not impose an unreasonable restriction on the fundamental rights under Article 19(1)(f) and (g) of the Constitution. The Court emphasized that any restrictions imposed by the State must be reasonable and not based on uncontrolled executive discretion. It was determined that the statutory conditions for licensing under the Act are necessary for regulating the mining industry and that the power to cancel licenses is exercised based on objective tests and principles of natural justice. The petitioner's challenge to the cancellation of its license was thus dismissed.

MINERAL DEVELOPMENT LTD. vs THE STATE OF BIHAR AND ANOTHER · Niyam