Comprehension
The other material which prompted the High Court to reach the conclusion that the subsoil/minerals vest in the State is … recitals of a patta which ….. states that if minerals are found in the property covered by the patta and if the pattadar exploits those minerals, the pattadar is liable for a separate tax in addition to the tax shown in the patta and …. certain standing orders of the Collector of Malabar which provided for collection of seigniorage fee in the event of the mining operation being carried on. We are of the clear opinion that the recitals in the patta or the Collector’s standing order that the exploitation of mineral wealth in the patta land would attract additional tax, in our opinion, cannot in any way indicate the ownership of the State in the minerals. The power to tax is a necessary incident of sovereign authority (imperium) but not an incident of proprietary rights (dominium). Proprietary right is a compendium of rights consisting of various constituent, rights. If a person has only a share in the produce of some property, it can never be said that such property vests in such a person. In the instant case, the State asserted its ‘right’ to demand a share in the ‘produce of the minerals worked’ though the expression employed is right – it is in fact the Sovereign authority which is asserted. From the language of the BSO No.10 it is clear that such right to demand the share could be exercised only when the pattadar or somebody claiming through the pattadar, extracts/works the minerals – the authority of the State to collect money on the happening of an event – such a demand is more in the nature of an excise duty/a tax. The assertion of authority to collect a duty or tax is in the realm of the sovereign authority, but not a proprietary right….
The only other submission which we are required to deal with before we part with this matter is the argument of the learned counsel for the State that in view of the scheme of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter ‘MMDRA’) which prohibits under Section 4 the carrying on of any mining activity in this country except in accordance with the permit, licence or mining lease as the case may be, granted under the Act, the appellants cannot claim any proprietary right in the sub-soil…
[Extract from the judgment in Thressiamma Jacob v. Dept. of Mining & Geology, (2013) 9 SCC 725] (hereafter ‘T Jacob’)
The only other submission which we are required to deal with before we part with this matter is the argument of the learned counsel for the State that in view of the scheme of the Mines and Minerals (Development and Regulation) Act, 1957 (hereafter ‘MMDRA’) which prohibits under Section 4 the carrying on of any mining activity in this country except in accordance with the permit, licence or mining lease as the case may be, granted under the Act, the appellants cannot claim any proprietary right in the sub-soil…
[Extract from the judgment in Thressiamma Jacob v. Dept. of Mining & Geology, (2013) 9 SCC 725] (hereafter ‘T Jacob’)
Question: 1
The MMDRA enacted by Parliament grants the Union Government the:
The MMDRA enacted by Parliament grants the Union Government the:
Updated On: Jul 11, 2024
- Right to obtain ownership of land containing mineral wealth
- Power to exclude the State Government from ownership rights of land containing mineral wealth
- Right to regulate the grant of mining rights
- Right to impose taxes on all mining activities
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): Right to regulate the grant of mining rights.
Was this answer helpful?
0
0
Question: 2
T Jacob dealt with the question of traditional proprietary rights of ownership of subsoil rights, and held that:- Sub-soil rights are treated as ‘commons’ and are held by the State in public trust.
- There is nothing in the law which declares that all mineral wealth/ subsoil rights vest in the State.
- The owner of the land can be deprived of sub-soil rights by law.
T Jacob dealt with the question of traditional proprietary rights of ownership of subsoil rights, and held that:
- Sub-soil rights are treated as ‘commons’ and are held by the State in public trust.
- There is nothing in the law which declares that all mineral wealth/ subsoil rights vest in the State.
- The owner of the land can be deprived of sub-soil rights by law.
Updated On: Jul 11, 2024
- (i) is correct
- (ii) and (iii) are correct
- (i) and (iii) are correct
- None of the above is correct
Hide Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
The correct option is (B): (ii) and (iii) are correct.
Was this answer helpful?
0
0
Question: 3
The power to impose a tax on the produce of some land should be treated as:
The power to impose a tax on the produce of some land should be treated as:
Updated On: Jul 11, 2024
- Assertion that land is partly owned by government
- Power of eminent domain
- Assertion of a proprietary right
- Assertion of a sovereign right
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): Assertion of a sovereign right.
Was this answer helpful?
0
0
Question: 4
In common law, the owner of a piece of land is entitled to:- Work on the surface of the land.
- Entitled to everything beneath the surface down to the centre of the earth.
- Entitled to everything below the surface except those minerals included under the MMDRA.
In common law, the owner of a piece of land is entitled to:
- Work on the surface of the land.
- Entitled to everything beneath the surface down to the centre of the earth.
- Entitled to everything below the surface except those minerals included under the MMDRA.
Updated On: Jul 19, 2024
- All are correct
- Only (i) is correct
- Only (i) and (ii) are correct
- Only (i) and (iii) are correct
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): Only (i) and (ii) are correct.
Was this answer helpful?
0
0
Question: 5
Under the Constitution of India, all property and assets, which vested in the British Crown for the purposes of the Government of the Dominion of India and Governor’s Provinces, stood:
Under the Constitution of India, all property and assets, which vested in the British Crown for the purposes of the Government of the Dominion of India and Governor’s Provinces, stood:
Updated On: Aug 23, 2024
- Confiscated without payment
- Repatriated back to the Crown
- Vested in the Union of India
- Vested in the Union of India and the states
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): Vested in the Union of India and the states.
Was this answer helpful?
0
0
Question: 6
The Constitution of India, vests all lands, minerals, and other things of value under the ocean floor within the territorial waters:
The Constitution of India, vests all lands, minerals, and other things of value under the ocean floor within the territorial waters:
Updated On: Aug 23, 2024
- In the Union of India
- In the respective states having a shoreline
- In the Union and all states in the Union
- Are treated as ‘res commune’
Hide Solution
Verified By Collegedunia
The Correct Option is A
Solution and Explanation
The correct option is (A): In the Union of India.
Was this answer helpful?
0
0
Question: 7
The Supreme Court in State of Meghalaya v. All Dimasa Students Union Hasao [2019] held that in the Sixth Schedule State of Meghalaya, where most lands are either privately or community-owned: - Landowners of privately owned/ community owned lands can lease their lands for mining.
- The State Government alone can grant a lease for mining in privately owned/ community owned lands.
- Landowners of privately owned/ community owned lands can lease their lands for mining after obtaining previous approval of the Central Government through the State Government.
- All of the above
The Supreme Court in State of Meghalaya v. All Dimasa Students Union Hasao [2019] held that in the Sixth Schedule State of Meghalaya, where most lands are either privately or community-owned:
- Landowners of privately owned/ community owned lands can lease their lands for mining.
- The State Government alone can grant a lease for mining in privately owned/ community owned lands.
- Landowners of privately owned/ community owned lands can lease their lands for mining after obtaining previous approval of the Central Government through the State Government.
- All of the above
Updated On: Jul 11, 2024
- (iv) is correct
- (ii) and (iii) are correct
- (i) and (iii) are correct
- None of the above is correct
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): (i) and (iii) are correct.
Was this answer helpful?
0
0
Question: 8
Section 105 of the Transfer of Property Act, 1882 states that a lease of immovable property is a transfer of a right to enjoy such property under certain conditions. The right to ‘enjoy such property’:
Section 105 of the Transfer of Property Act, 1882 states that a lease of immovable property is a transfer of a right to enjoy such property under certain conditions. The right to ‘enjoy such property’:
Updated On: Jul 11, 2024
- Includes the right to carry on mining operation in the surface of the land
- Includes the right to carry on mining operation in the sub-soil of the land
- Includes the right to extract the specified quantity of the minerals found therein, to remove and appropriate that mineral
- All the above
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): All the above.
Was this answer helpful?
0
0
Question: 9
The need for environmental clearance under the Environment Protection Act, 1986 is required for a project of coal mining:
The need for environmental clearance under the Environment Protection Act, 1986 is required for a project of coal mining:
Updated On: Jul 19, 2024
- In all lands whether privately, community, or publicly owned
- Only in lands owned by the Union Government
- Only in lands owned by the state government
- Only where sustainability is threatened
Hide Solution
Verified By Collegedunia
The Correct Option is A
Solution and Explanation
The correct option is (A): In all lands whether privately, community, or publicly owned.
Was this answer helpful?
0
0
Question: 10
The Constitution of India provides that all properties within the territory of India that do not have a lawful heir, successor or rightful owner, accrue to the Union or state where it is situate through:
The Constitution of India provides that all properties within the territory of India that do not have a lawful heir, successor or rightful owner, accrue to the Union or state where it is situate through:
Updated On: Jul 11, 2024
- Escheat
- Lapse
- Bona vacantia
- All the above
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): All the above.
Was this answer helpful?
0
0
Top Questions on Labour & Industrial Law
- Match the followingSelect the correct option:
1 The Code on Wages A. Employees Compensation Act 2 Industrial Relations Code B. The Equal Remuneration Act 3 The Code on Social Security C. The Trade Unions Act 4 Code on Occupational Safety Health and Working Conditions D. The Contract Labour Regulation Act - AILET LLM - 2025
- Legal Studies
- Labour & Industrial Law
- Match the following with the relevant provisions of the Protection of Plant Variety and Farmers Rights Act, 2001:Select the correct option:
I. Breeders Rights A. Section 30 II. Researchers Rights B. Section 41 III. Farmers Rights C. Section 28 IV. Rights of Communities D. Section 39 - AILET LLM - 2025
- Legal Studies
- Labour & Industrial Law
- Who can be a Certifying Officer under the Industrial Employment (Standing Orders) Act, 1946?
Industrial Tribunal
Labour Commissioner
A Regional Labour Commissioner
Select the correct option:- AILET LLM - 2025
- Legal Studies
- Labour & Industrial Law
- The new definition of employees has been widened under the Code on Social Security but does not include:
- AILET LLM - 2025
- Legal Studies
- Labour & Industrial Law
- Which of the following is true about Maternity Leave in India?
The leave is available to both private as well as government female employees.
leave is available to both private as well as government female employees if they are working in establishments that employ 10 or more people.
leave is not available to females adopting a child.
The Maternity Benefit Amendment Act, 2017 has increased the maximum period of leave from 12 weeks to 26 weeks.Select the correct option:- AILET LLM - 2025
- Legal Studies
- Labour & Industrial Law
View More Questions
Questions Asked in CLAT PG exam
- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look at the issue on legalistic basis, in such matters human angles are relevant for deciding those issues. The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case, the Court has to give due weightage to the child’s ordinary contentment, health, education, intellectual development and favorable surroundings, but over and above physical comforts, the moral and ethical values have also to be noted. They are equal if not more important than the others.
(Extracts from Jaswinder Singh and Another vs Surjit Singh, AIR 2010 (NOC) 425 (P. & H.))- CLAT PG - 2025
- Family Laws
- The Companies Act, 2013 does not deal with insolvency and bankruptcy when the companies are unable to pay their debts or the aspects relating to the revival and rehabilitation of the companies and their winding up if revival and rehabilitation is not possible. In principle, it cannot be doubted that the cases of revival or winding up of the company on the ground of insolvency and inability to pay debts are different from cases where companies are wound up under Section 271 of the Companies Act, 2013. The two situations are not identical. Under Section 271 of the Companies Act, 2013, even a running and financially sound company can also be wound up for the reasons in clauses (a) to (e). The reasons and grounds for winding up under Section 271 of the Companies Act, 2013 are vastly different from the reasons and grounds for the revival and rehabilitation scheme as envisaged under the IBC. The two enactments deal with two distinct situations and in our opinion, they cannot be equated when we examine whether there is discrimination or violation of Article 14 of the Constitution of India. For the revival and rehabilitation of the companies, certain sacrifices are required from all quarters, including the workmen. In case of insolvent companies, for the sake of survival and regeneration, everyone, including the secured creditors and the Central and State Government, are required to make sacrifices. The workmen also have a stake and benefit from the revival of the company, and therefore unless it is found that the sacrifices envisaged for the workmen, which certainly form a separate class, are onerous and burdensome so as to be manifestly unjust and arbitrary, we will not set aside the legislation,solely on the ground that some or marginal sacrifice is to be made by the workers. We would also reject the argument that to find out whether there was a violation of Article 14 of the Constitution of India or whether the right to life under Article 21 Constitution of India was infringed, we must word by word examine the waterfall mechanism envisaged under the Companies Act, 2013, where the company is wound up in terms of grounds (a) to (e) of Section 271 of the Companies Act, 2013; and the rights of the workmen when the insolvent company is sought to be revived, rehabilitated or wound up under the Code. The grounds and situations in the context of the objective and purpose of the two enactments are entirely different.
(Extracted, with edits and revision, from the judgement in Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors, 2023 SCC Online SC 547)- CLAT PG - 2025
- Company Law
- Ahmadi, J. (as he then was) speaking for himself and Punchhi, J., endorsed the recommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323-A and 323-B in the Constitution. After the incorporation of these two articles, Acts have been enacted where-under tribunals have been constituted for dispensation of justice. Sufficient time has passed, and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)- CLAT PG - 2025
- Constitutional Laws
- The elements of tort of negligence consist in – (a) duty of care; (b) duty is owed to the plaintiff; (c) the duty has been carelessly breached. Negligence does not entail liability unless the exacts a duty in the given circumstances to observe care. Duty is an obligation recognised by law to avoid conduct fraught with unreasonable risk of damage to others. The question whether duty exists in a particular situation involves determination of law. Hence, three ingredients are necessary for the existence of a duty of care: (i) foreseeability of the damage, (ii) proximity of relationship between the parties; and (iii) whether it is “just, fair and reasonable” that the law should impose a duty of care. In Caparo Industries Plc. v. Dickman, 1990 2AC 605, the court held that breach of duty is concerned with the standard of care that ought to have been adopted in the circumstances and whether the defendant’s conduct fell below that standard i.e., whether he was careless.
The court while quoting Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum, 1997 stated that as a tort, negligence consists of legal duty to take care and breach of that duty. Duty determines whether the type of loss suffered by the plaintiff in the particular way in which to occurred can ever be actionable. The division of negligence into duty, breach and consequent damage is convenient for the purpose of exposition but it can be confusing because the issues will often overlap. The process of determining a breach of duty involves three steps: First, it is necessary to ascertain the qualities of the reasonable person, given the qualities attributed to him, would have taken in the circumstances. The factors that are permissible to take into account in this regard are prescribed by law, but the amount of care that the reasonable person would have taken is a question of fact. Thirdly, it must be determined whether the defendant took less care than the reasonable person would have taken.
(Extracts from Managing Director, Kerala Tourism Development Corporation Limited v. Deepti Singh and Ors., 2019 SC)- CLAT PG - 2025
- Law of Torts
- Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State. The purpose of the equal opportunity principle in Article 16(1) and the reservation provision in Article 16(4) has emerged as a focal point of the jurisprudence on reservations in this Court. A discussion of the journey of the competing models of equality that the Court has espoused and their evolution over the course of the years is necessary to understand the constitutional vision on equality.
The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
(Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)- CLAT PG - 2025
- Constitutional Laws
View More Questions