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december 1952

Supreme Court of India · 1952-12-22

CHHOTABRAI JETHABAI PATEL AND CO. vs THE STATE OF MADHYA PRADESH(and other cases)

Citation / case number
SC 1951/29
Court
Supreme Court of India
Petitioner
CHHOTABRAI JETHABAI PATEL AND CO.
Respondent
THE STATE OF MADHYA PRADESH(and other cases)
Bench
AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court interpreted the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, holding that the contracts for plucking tendu leaves and collecting lac were essentially licenses, not proprietary rights. The Court ruled that the petitioners were entitled to writs under Article 32, prohibiting the State from interfering with their contractual rights, as these rights did not constitute encumbrances under Section 3 of the Act. Additionally, it clarified that Section 4(3) of the Indian Sale of Goods Act did not apply to the contracts in question, as they did not pertain to 'future goods'.

CHHOTABRAI JETHABAI PATEL AND CO. vs THE STATE OF MADHYA PRADESH(and other cases) · Niyam