2011 AIR SCW 2617 ::2011 (2) AIR Jhar R 733 ::(2011) 3 CivLJ 621 ::2011 (4) SCC 450 ::(2011) 4 Scale 152 ::(2011) 4 All WC 4221 ::(2011) 3 KCCR 326 ::AIR 2011 SC (Supp) 2

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): S. H. Kapadia, K. S. Panicker Radhakrishnan, Swatanter Kumar , JJJ

(A) Constitution of India , Sch.VII List II Entry 49, Sch.VII List II Entry 50, Sch.VII List II Entry 23, Sch.VII List I Entry 54— Mines and minerals - Question regarding true meaning and effect of these entries and their interaction - And question whether royalty under 1957 Act is tax - Referred to larger Bench. Mines and Minerals (Regulation and Development) Act (67 of 1957) , S.9— (Para 1) (B) Constitution of India , Art.145— Supreme Court Rules (1966) , O.7 R.2— Reference to larger Bench - Procedure - Bench of five-Judges in case of doubt has to invite attention of Chief Justice and request for matter being placed for hearing before Bench of larger quorum - Practice departed from since prima facie there is conflict between decision delivered by a Bench of five-Judges and decision delivered by seven-Judge Bench. (Para 2) .....