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2016 Supreme(SC) 884

DIPAK MISRA, SHIVA KIRTI SINGH
MANGANESE ORE INDIA LTD. – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For the Appellants :- T. G. Narayanan Nair, Advocate.
For the CA No. 2465-67 of 2016 :- Ms. Nandini Sen, Deba Prasad Mukherjee, Advocates.
For the Respondents:- B.S. Banthia, Amalpushp Shroti, Mishra Saurabh, Advocates.

JUDGMENT :

Dipak Misra, J.

In this batch of appeals, by special leave, the appellants have assailed the legal tenability of separate orders dated 01.12.2011 passed in Writ Petition No. 9017 of 2010 which relates to the writ petition filed by Manganese Ore India Ltd. and M.P. No. 2821 of 1988, M.P. No. 3827 of 1993 and W.P. No. 3103 of 1994 preferred by Hindustan Copper Limited.

2. As the commonality of controversy centres around interpretation of the terms "mineral" and "processing" under the definition of "mine" as defined under Explanation (b) of Part-B of Madhya Pradesh Electricity Duty Act, 1949 (for brevity, "the Act"), we shall enumerate the scheme of the Act and the various litigations that have taken place and thereafter advert to the facts in each case. For brevity and to avoid repetition, we have initially referred to the litigation and different orders passed in the case of Hindustan Copper Limited.

3. The erstwhile Central Provinces and Berar Legislative Assembly had enacted the CP and Berar Electricity Duty Act, 1949 which was adopted in the State of Madhya Pradesh and has come to be known as the Madhya Pradesh Electricity Duty Act, 1949. The Preamble to the Act as amended






































































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