2019 (8) TMI 1793

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....inbelow for the disposal of these appeals, which involve a short point. 3. The Appellants are the Defendants and Respondent No. 1 is the Plaintiff in the civil suit out of which these appeals arise. 4. The Appellant No. 1 is the State of Rajasthan and Respondent No. 1 claims to be the mining lessee in relation to the suit land under the Mines and Minerals (Development & Regulation) Act (hereinafter referred to as "MMRD Act"). 5. The Respondent No. 1 filed a civil suit against the Appellant-State and its authorities and claimed therein a relief of grant of permanent injunction restraining the State and its authorities from interfering in carrying out the mining operations on the suit land by Respondent No. 1. 6. Respondent No. 1 claimed ....

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.... that these appeals did not involve any substantial question of law. 11. Heard Mr. Milind Kumar, learned Counsel for the Appellants and Mr. S.K. Bhattacharya, learned Counsel for Respondent No. 1. 12. Having heard the learned Counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the second appeals afresh on merits in accordance with law. 13. In our opinion, the need to remand the case to the High Court has arisen because we find that the second appeals did involve several substantial questions of law for being answered on merits in accordance with law. The High Court was, therefore, not right in so holding.....

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....ny finding on the facts, the Trial Court is required to appreciate the entire evidence (oral and documentary) in the light of the pleadings of the parties. 19. Similarly, it is also a trite law that the Appellate Court also has the jurisdiction to appreciate the evidence de novo while hearing the first appeal and either affirm the finding of the Trial Court or reverse it. 20. If the Appellate Court affirms the finding, it is called "concurrent finding of fact" whereas if the finding is reversed, it is called "reversing finding". These expressions are well known in the legal parlance. 21. When any concurrent finding of fact is assailed in second appeal, the Appellant is entitled to point out that it is bad in law because it was recorded d....

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....d by the State to the Plaintiff for carrying out the mining operation in accordance with the provisions of the MMRD Act and, if so, whether it satisfied all the statutory provisions of the MMRD Act read with relevant Forest and Revenue Laws. 27. Fourth, whether a suit is hit by any provision of Forest Laws or MMRD Act or/and Revenue Laws expressly or by implication. 28. Lastly, whether the Plaintiff on facts/evidence has proved that the suit land is a part of Revenue land and, therefore, it does not fall in the protected forest area and, if so, whether any prima facie case, balance of convenience and irreparable loss is made out for grant of permanent injunction in Plaintiff's favour? 29. In our opinion, all the five questions enumer....