Supreme Court of India · 1966-03-15
K. P. CHOWDHARY vs STATE OF MADHYA PRADESH & ORS.
- Citation / case number
- SC 1965/13
- Court
- Supreme Court of India
- Petitioner
- K. P. CHOWDHARY
- Respondent
- STATE OF MADHYA PRADESH & ORS.
- 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 Article 299(1) of the Constitution of India prohibits the existence of implied contracts between the Government and individuals. The Court ruled that since the contract was not executed in accordance with Article 299(1), it could not be enforced, and thus the State could not recover the deficient amount as arrears of land revenue under Section 155(b) of the Madhya Pradesh Land Revenue Code. The appeal was dismissed, affirming the High Court's decision.