Supreme Court of India · 1961-05-05
THE STATE OF MADHYA PRADESH vs SHRI MOUIA BUX AND OTHERS
- Citation / case number
- SC 1959/201
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF MADHYA PRADESH
- Respondent
- SHRI MOUIA BUX AND OTHERS
- Author
- KAPURL.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- KAPUR, J.L.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the State of Vindhya Pradesh was the proper defendant in a suit for damages and injunction against the government regarding a cancelled lease for plucking tendu leaves. The Court clarified that under Section 3(58) of the General Clauses Act, a Part C State has a separate legal existence and is not merged with the Central Government. Therefore, the suit was properly filed against the State of Vindhya Pradesh, and the appeal by the State of Madhya Pradesh was dismissed.