State Of U.P. & Ors vs Hindustan Aluminium Corpn. Ltd. & Ors on 17 April, 1979
"10. One of the arguments pressed before us was that
Section 15 of the Mines and Minerals (Regulation and
Development) Act authorised the making of rules for
regulating the grant of mining leases and not for prohibiting
them as Rule 8-C sought to do, and, therefore, Rule 8-C was
ultra vires Section 15. Well known cases on the subject right
from Municipal Corporation of the City of Toronto v. Virge and
Attorney-General for Ontario v. Attorney-General for the
Dominions up to State of U.P v. Hindustan Aluminium
Corporation Ltd., were brought to our attention. We do not
think that 'regulation' has that rigidity of meaning as never to
take in 'prohibition'. Much depends on the context in which
the expression is used in the statute and the object sought to
be achieved by the contemplated regulation.