AIR 2016 SUPREME COURT 510 ::(2015) 1 WLC(SC)CVL 546 ::(2016) 1 WLC(SC)CVL 546 ::(2016) 1 Scale 392 ::(2016) 2 CurCC 72 ::(2016) 4 AllMR 450 (SC) ::(2016) 2 All WC 2140 ::(2016) 121 Cut LT 533 ::(2016) 4 Mad LW 465 ::(2017) 2 JLJR 434 ::2016 (3) KCCR SN 326 (SC) ::(2016) 2 Raj LW 1439 ::(2017) 3 Pat LJR 41 ::2016 (4) SCC 469 ::(2016) 159 AllIndCas 232 (SC)

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): Anil R. Dave, Adarsh Kumar Goel , JJ

(A) Mines and Minerals (Development and Regulation) Act (67 of 1957) , S.8, S.15— @page-SC511 Rajasthan Minor Minerals Concession Rules (1980) , R.15, R.72— Mining lease - Transfer - Lessee a partnership firm - Converted to private limited company - Transferred lease to said company with declaration that no transfer for consideration involved - However newly formed company instead of operating lease itself sold its entire shareholding to another company - It amounts to private unauthorised sale of mining lease - Such transfer of lease would be void and to the detriment of public - Further lessee, held guilty of suppression of material facts. Doctrines - Doctrine of public trust.Maxims - Suppressio veri and suggestio falsi. No lessee can trade mining rights by adopting a device of forming a private limited company and transfer of entire shareholding only with a view to sell the mining rights for private profit.(Para 31) In the instant case the lessee was a partnership firm and wished to transfer the mining lease to a private limited company which was mere change of form of its own business by converting itself from a partnership firm into a private limited company. The partners of the firm and Directors of the company were the same and on transfer, no illegal benefit, price or premium was taken from the transferee....