Court : Supreme Court of India
Reported in : AIR1955SC334; [1955]1SCR1215
Venkatarama Ayyar, J.1. This is a petition under article 32 of the Constitution. There is at Indore a Medical College known as the Mahatma Gandhi Memorial Medical College run by the State of Madhya Bharat. The petitioner who is a resident of Delhi was admitted as a student of this College in July 1952, and is now studying in the third year class, M. B. B. S. Course. His complaint is that the rules in force in this institution discriminate in the matter of fees between students who are residents of Madhya Bharat and those who are not, and that the latter have to pay in addition to the tuition fees and charges payable by all the students a sum of Rs. 1,500 per annum as capitation fee, and that this is in contravention of articles 14 and 15(1) of the Constitution. The petitioner accordingly prays that an appropriate writ might be issued prohibiting the respondent from collecting from him capitation fee for the current year, and directing a refund of Rs. 3,000 collected from him as capitat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC346
Bhagwati, J.1. These two appeals by special leave arise out of two separate proceedings, one under the U. P. Encumbered Estates Act, E. E. Act Case No. 11 of 1936 and the other a title suit, being Regular Suit No. 71 of 1938 in the Court of the Civil Judge, Gonda in relation to a 10 annas share in the property left by one Bhaiya Baleshwar Datt Singh hereinafter referred to as the deceased.2. The deceased died on 15-5-1933 leaving him surviving Bhaiya Girja Datt Singh, hereinafter referred to as Girja, the original Appellant, as his nearest collateral and heir. Bhaiya Gangotri Datt Singh, hereinafter referred to as Gangotri, was a remoter heir but claimed to succeed to the estate of the deceased under the terms of a will alleged to have been made and published by the deceased on 17-3-1928. Girja filed 29 applications for mutation of his name in place of that of the deceased in the Revenue Courts in respect of the properties left by the deceased. Gangotri contested these applications on ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC274; 1955CriLJ721; [1955]1SCR1201
Imam, J. 1. This appeal by Nanak Chand comes by special leave against the judgment of the Punjab (1) High Court. The appellant was convicted by the High Court under section 302 of the Indian Penal Code and the sentence of death passed on him by the Additional Sessions Judge of Jullundur was confirmed. 2. On the facts alleged by the prosecution there can be no doubt that Sadhu Ram was killed on the 5th of November, 1953, at about 6-45 P.M. at the shop of Vas Dev P.W. 2. It is alleged that the appellant along with others assaulted Sadhu Ram. The appellant was armed with a takwa. Numerous injuries were found on the person of Sadhu Ram. According to the doctor, who held the post-mortem examination, injuries 1, 3 and 4 were due to a heavy sharp edged weapon and could be caused by a takwa. It was denied by the prosecution that the deceased was assaulted by any other person with a takwa. According to the Medical evidence, injuries 1, 3 and individually, as well as collectively, were enough to...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC266; [1955]1SCR1191
Das, J. 1. This is an appeal by the plaintiff in a suit for a declaration of histitle as collateral within four degrees of Gurdial, who was a Sarswat Brahmin,resident of Pathankot in the district of Gurdaspur and the last male holder ofthe properties in suit. 2. Gurdial died many years ago leaving certain lands in villages Bhadroya,Kingarian and Pathankot, Tehsil Pathankot in the district of Gurdaspur, andleaving him surviving his widow Musammat Melo and a daughter Musammat Maya Devi,the respondent before us. Some time in the year 1962, a portion of the land invillage Bhadroya was acquired for the Kangra Valley Railway and a sum of Rs.1,539-7-0 was awarded to Musammat Melo. On an objection by the appellant thisamount was deposited in the Court of the Senior Subordinate Judge, Gurdaspur,with a direction to pay the interest on this amount to Musammat Melo. 3. On the 28th September 1944 Musammat Melo died and the Revenue Courtsordered mutations in respect of the lands in the three village...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1955SC352
B.K. Mukherjea, C.J.1. These three appeals are directed against a common judgment of a Division Bench of the Hyderabad High Court dated 21-1-1954, by which the learned Judges affirmed, on appeal, three orders made by the City Civil Court, Hyderabad in three analogous execution proceedings arising out of the execution of the same decree. Two of these three execution cases were commenced by respondents 1 to 12 in Appeals Nos. 101 and 103 of this Court, while the third case was started by respondent 1 in Appeal No. 102. The appellants in the three appeals were the objectors in all the three execution proceedings and their objections having been overruled by both the courts below, have come up on appeal to this Court on the strength of a certificate granted by the High Court under Article 133(1) of the Constitution.2. This litigation has had a long history behind it, and to appreciate the points that have been canvassed before us, it will be necessary to narrate briefly the material facts....
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