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1968 Supreme(Cal) 170

D.N.SINHA, B.C.MITRA
STATE OF WEST BENGAL – Appellant
Versus
JAGADAMBA PRASAD SINGH – Respondent


Advocates Appeared:
N.K.GANGULY, P.K.BANERJI, P.N.MITTER, R.C.Deb, RANJIT K.BANERJEE, S.C.DAS GUPTA

D. N. SINHA, , CJ.

( 1 ) THESE four appeals have been heard together and they relate to a judgment of D. Basu, J. , dated the 8th July. 1964, in C. R. Nos. 368 (W) of 1962 and 433, (W), 434 (W) and 436 (W) of 1963 which were heard analogously. F. M. A. 490 relates to C. R. No. 368 (W) of 1962, F. M. A. 491 relates to C. R. No 433 (W) of 1963, F. M. A. 492 relates to C. R. No. 434 (W) of 1963 and F. M. A. 493 relates to C. R. No. 436 (W) of 1963. All these matters have given rise to a common question of law which is as follows: The Mines and Minerals (Regulations and Development) Act, 1957 (hereinafter referred to as the "said Act") was passed by Parliament in exercise of the power given to it under Entry 54 of List I of the Seventh Schedule of the Constitution which gives the Union Parliament exclusive legislative power with respect to-"regulation of mines and minerals development to the extent of which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest. "entry 23 of List II, that is to say the State List, runs as follows:-"regulation of mines and mineral development subject to the provisions of Li













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