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    <title>2019 (3) TMI 1743 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=286838</link>
    <description>The SC held that State rules prohibiting transport of legally excavated sand outside the State were beyond the rule-making power conferred by the Mines and Minerals (Development and Regulation) Act, 1957. The delegation under Section 15 permits regulation of mineral concessions, while Section 23-C is aimed at preventing illegal mining, transport and storage; neither authorises a blanket ban on the movement or sale of lawfully mined minerals. The Court further held that such a prohibition directly burdened inter-State trade and commerce and was inconsistent with Article 301, as it was not supported by a constitutionally valid restriction under Part XIII. The striking down of the rules was therefore upheld.</description>
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    <pubDate>Fri, 01 Mar 2019 00:00:00 +0530</pubDate>
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      <title>2019 (3) TMI 1743 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=286838</link>
      <description>The SC held that State rules prohibiting transport of legally excavated sand outside the State were beyond the rule-making power conferred by the Mines and Minerals (Development and Regulation) Act, 1957. The delegation under Section 15 permits regulation of mineral concessions, while Section 23-C is aimed at preventing illegal mining, transport and storage; neither authorises a blanket ban on the movement or sale of lawfully mined minerals. The Court further held that such a prohibition directly burdened inter-State trade and commerce and was inconsistent with Article 301, as it was not supported by a constitutionally valid restriction under Part XIII. The striking down of the rules was therefore upheld.</description>
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      <pubDate>Fri, 01 Mar 2019 00:00:00 +0530</pubDate>
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