Supreme Court of India · 1965-10-06
M/S. ANWAR KHAN MEHBOOB & CO. vs STATE OF MADHYA PRADESH AND OTHERS
- Citation / case number
- SC 1965/69
- Court
- Supreme Court of India
- Petitioner
- M/S. ANWAR KHAN MEHBOOB & CO.
- Respondent
- STATE OF MADHYA PRADESH AND OTHERS
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the petitioner firm's claim to pluck tendu leaves, based on a prior decision in Chhotabhai Jethabhai v. State of Madhya Pradesh, does not operate as res judicata due to the differing causes of action under the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964. The Court clarified that a right to contract does not equate to a right to property, and the previous decision was given per incuriam. Consequently, the petition was dismissed, affirming that the new statute abrogated the rights claimed by the petitioner.