Court : Sikkim
Reported in : 1979CriLJ310
..... in the delhi laws act case, on 23rd may, 1951, that such a power to repeal corresponding laws by notification under section 2 of the part c states (laws) act, 1950, was invalid and ultra vires and therefore, the extension of the central provinces law was to be deemed to have been made without repealing the corresponding vindhya pradesh law.thereafter, parliament passed the part c states (miscellaneous laws) repeal act, 1951, repealing inter alia the vindhya pradesh law with effect from ..... analogous provisions of section 2 of the part c states (laws) act, 1950, authorising the central government to extend by notifications enactment in force in part a states to part c states, observed (at page 685) that 'when a notification is issued by the appropriate government extending the law of a part a state to a part c state, the law so extended derives its force from section 2 of the part c states (laws) act enacted by parliament' and that 'the result of a notification issued under that section is that the provisions of the law which is extended ..... state of saurashtra : 1952crilj805 to the effect that:while undoubtedly certain definite conclusions were reached, by the majority of the judges who took part in the decision in re-gard to the constitutionality of certain specific enactments, the reasoning in each case was different, and it is difficult to say that any particular principle has been laid down by the majority which can be of assistance in the determination of other cases' or by the .....
Tag this Judgment!Court : Sikkim
Reported in : 1985CriLJ1423
..... similarly, even though the part b states became part of the union of india by and under the constitution, that could not, by itself, result in automatic extension of the all-india enactments to those states and the part b states (laws) act, 1951 had to be passed for extending central acts to those states. ..... as is well known, a large number of acceding states, which ceded full jurisdiction to the then government of the dominion of india finally merged in the adjoining governor's provinces or constituted new chief commissioner's provinces by orders under section 240a of the government of india act, 1935 and thus became incorporated in the dominion of india. ..... state of orissa : air1962sc1288 , is that on the acquisition of a new territory by a sovereign state, whether by conquest, cession or otherwise, the laws in force in the territories of the new sovereign do not start running to the acquired territory overthrowing the laws in force in the latter, but that the laws in force in the latter territory continue until altered by the new sovereign whether by extending its own laws or otherwise. .....
Tag this Judgment!Court : Sikkim
Reported in : 1981CriLJ695
..... when examined in the light of the above interpretation of article 372(1), section 2 of the sikkim act and article 371f (k) of the constitution yield the result that, even if before the enactment of the sikkim act, criminal procedure code, 1898 prior to its amendment in 1955 was the law in force, yet after the enforcement of the sikkim act it would be deemed to have been amended retrospectively in view of section 2 of the sikkim act.35. ..... for the reasons as aforesaid, i would, in respectful agreement with my lord the chief justice, conclude and answer the reference as hereunder:the expression 'code of criminal procedure, 1898' in sikkim criminal procedure act, 1976, is to be construed to mean the code of criminal procedure, 1898, as it stood with all the amendments introduced thereto by the central legislature in india immediately before its repealment in 1974 by the cr. p.c. ..... own sphere the powers of the indian legislature are as large and ample as those of parliament itself, and the burden of proving that they are subject to a strange and unusual prohibition against retrospective legislation must certainly lie upon those who assert it. ..... 280, but was repelled by the federal court which reversed the said full bench decision in united provinces v. ..... both the above questions have earlier been considered by the federal court and the supreme court and reference in this connection may first be made to the case of united provinces v. .....
Tag this Judgment!Court : Sikkim
Reported in : 2003CriLJ2799
..... court, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--(a) revive anything not in force or existing at the time at which the repeal takes effect; or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(d) ..... in relation to any area, then, without prejudice to the provisions of sub-section (2) any member of the delhi special police establishment of or above the rank of sub-inspector may subject to any orders which the central government may make in this behalf, exercise the powers of the officer-in-charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer-in-charge of a police station discharging the functions of such ..... guilt of the accused which is to be drawn at the initial stage is not in the sense of the law governing the trial of criminal cases in france where the accused is presumed to be guilty unless the contrary is proved ..... , that strictly speaking the lowest tender has to be accepted unless there are certain valid reasons for its rejection and the reasons have to be recorded in writing and in these cases no such procedure has been followed although he had pointed out these lapses to the concerned .....
Tag this Judgment!Court : Sikkim
Reported in : 2002CriLJ876
..... it is, in a murder case, the evidence that the deceased was last found in the company of the accused is an important link in the chain of circumstances pointing to the guilt of the accused, but it could not be deemed to be conclusive, unless it is further established that during the interval between the time when they were last seen together and the time at which the victim died every circumstance was inconsistent with the ..... this case, the delhi high court inter alia held :non-joining independent witnesses to recoveries from places though such witnesses were available, would be nothing short of violation of sub-section (4) of section 100 of the code and such recoveries cannot have any semblance of connecting the accused with the crime and proving the guilt. 17 ..... ? i am of the view that establishment of an overt act is not a requirement of law to allow section 34 to operate inasmuch as this section gets attracted when 'a criminal act is done by several persons in furtherance of the common intention of ..... test identification parade in respect of certain articles p-14 was also held by the aforesaid magistrate damber bahadur subba alias ..... . 26, who was in the armed force of the sikkim police and was the section commander in charge of guard duty at the ramam bridge stated that he knew the accused rolland but he did not know the ..... yawan kumar chhetri of the armed force, sikkim police identified the appellant. p.w ..... we also find ample force in the argument of ..... we find no force in the .....
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