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october 2000

Supreme Court of India · 2000-10-17

Saurashtra Cement & Chemical Inds. & Anr vs Union Of India & Ors

Citation / case number
AIR 2001 SUPREME COURT 8
Court
Supreme Court of India
Petitioner
Saurashtra Cement & Chemical Inds. & Anr
Respondent
Union Of India & Ors
Author
U.C.Banerjee
Bench
U.C.Banerjee

Judgment text excerpt

The Supreme Court addressed the constitutional validity of Section 9(3) of the Mines and Minerals (Regulation and Development) Act, 1957, ruling that the levy of royalty on minerals does not constitute a tax and is within the legislative powers of the Union under Entry 54 of List I. The Court upheld the validity of the Act, referencing the precedent set in India Cement Ltd. vs. State of Tamil Nadu and the subsequent case of State of Madhya Pradesh vs. Mahalaxmi Fabric Mills Ltd., which confirmed the Union's authority over mineral rights. The appeals were dismissed, affirming the legality of the provisions in question.

Saurashtra Cement & Chemical Inds. & Anr vs Union Of India & Ors · Niyam