https://www.taxtmi.com/caselaws?id=200351 Penal liability under Section 228(7) of the Madhya Pradesh Land Revenue Code, 1954 for unauthorised mineral extraction cannot be imposed on a lessee merely because an independent contractor committed the extraction. The provision is quasi-criminal, but liability still requires that the person fall within the class made liable by statute or by a clear statutory or contractual duty; here, the contractor was not a servant or agent under direct control, and there was no proof of collusion, abetment, unlawful engagement, or any personal duty to prevent the breach, so the penalty could not be sustained. en-us Tue, 29 Sep 1964 00:00:00 +0530 Mon, 26 Mar 2018 15:59:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200351 Penal liability under Section 228(7) of the Madhya Pradesh Land Revenue Code, 1954 for unauthorised mineral extraction cannot be imposed on a lessee merely because an independent contractor committed the extraction. The provision is quasi-criminal, but liability still requires that the person fall within the class made liable by statute or by a clear statutory or contractual duty; here, the contractor was not a servant or agent under direct control, and there was no proof of collusion, abetment, unlawful engagement, or any personal duty to prevent the breach, so the penalty could not be sustained. Case-Laws Indian Laws Tue, 29 Sep 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200351