Judgment Search Results Home > Cases Phrase: city sessions court act 1953 Court: sikkim Page 1 of about 136 results (0.098 seconds)

State of Sikkim Vs. Palden Bhutia

Court : Sikkim

Reported in : 1981CriLJ695

..... 1898, do not and shall not apply and all cases triable by the court of session are and shall be filed in such court and the trial before the court of session is and shall be according to the provisions of chap, xxi of the code ..... p, c, 1898, was and has so long been applied in sikkim without the post-1953 amendments and yet has used the expression 'code of criminal procedure, 1898' in the sikkim act without any qualification, knowing fully well, as it must be presumed to know, that such expression would mean the code with all its amendments, then it must be presumed that it intended to effect a deliberate change in the ..... from urging that since the code of criminal procedure began to be followed from or from soon after 1953, the amendments introduced thereto by the amendment act of 1955 and the subsequent amendments could not be applied and followed in sikkim, mr. ..... 1898, followed and applied in sikkim, was the code as it stood in 1953 without the later amendment, on and from the commencement of the sikkim criminal procedure act, 1976, we are obliged to hold that the law relating to criminal procedure in sikkim, not only after this act is, but even before this act was, the cr. p.c. ..... 1898, was amended by a series of amendment acts both prior to and after 1953 and, therefore, according to the natural and ordinary meaning, as noted above, any reference to the said code in any other enactment or instrument shall ordinarily and naturally mean the code as amended by the latest amendment .....

Ram Prasad Manger Vs. State of Sikkim

Court : Sikkim

Reported in : 1981CriLJ1384

..... initially transferred by the district magistrate under section 192 and which tried the case upto the stage of the examination of the accused under section 342 and also the court of the district magistrate to which again this case was transferred by the sessions judge .by the impugned order of trans- fer and which finally tried and disposed of the case from the stage of the examination of defence witnesses, were all perfectly ..... to transfer cases, not only on the application of an interested party but also on the report of the lower court or on his own initiative', and ' accordingly in the new code of criminal procedure, 1973, not yet extended and applied to this state, it has been provided in section 408(2) that the sessions judge, in transferring a particular case from one criminal court to another 'may act either on the report of the lower court, or on the application of a party interested, or on his own initiative'.5. mr. n. b. ..... though such a power has, thereafter, been conferred on the sessions judge, to be exercised 'for the ends of justice', by sub-section (1-c), inserted by the amendment act of 1955, such power, however, can be exercised by the sessions judge only on an application made to him and not suo motu or on the report of any lower court. .....

State of Sikkim Vs. Pemba Sherpa and anr.

Court : Sikkim

Reported in : 1981CriLJ856

..... it may be noted that under the provisions of the sikkim criminal procedure act, 1976, the code of criminal procedure, 1898, is still the law relating to criminal procedure in sikkim with some modifications, one being that the trial before the court of session is also regulated by and according to the provisions for trial in warrant ..... baldev kishan air 1952 pepsu 178 : 1953 cri lj 51, after referring to and relying on the aforesaid calcutta decision, i will have to refer hereinafter to this pepsu decision in more details which, if i may say so with ..... 184 : 1953 cri lj 51 (fb), that 'once his deposition is admitted on record as admissible evidence, no ..... 186 : 1953 cri lj ..... the prayer of the prosecution to examine further witnesses to drove that the witness concerned can no longer be found to be made available for further cross-examination, should still be allowed so that the court can be satisfied that the non-availability of this witness for further cross-examination as provided under the law is or is not the result of any deliberate manoeuvre on the part of the prosecution which ..... and section 256, auoted and underlined as above, makes the conclusion irresistible that while before charge under section 252, it is for the prosecution to produce or not to produce witnesses and the court is only obliged to take such evidence 'as may be produced by the prosecution', after charge, however, when the accused signifies his intention to cross-examine the witnesses, the duty of recalling .....

Durga Bahadur Rai and ors. Vs. Golman Rai and ors.

Court : Sikkim

Reported in : AIR2010Sik12

..... the rival submissions raised at the bar and have also perused the records of the case and the impugned order dated 1-7-2008 and i am inclined to concur with the view of the learned trial court that the petitioners have not been successful in making out a case for dismissal of the plaintiffs' suit as being time barred, but for reasons quite different from his and more fundamental..5. plaint ..... once written statement has been filed and issues have been framed, procedure laid down under order xiv, rule 2 of the civil procedure code would then come into play requiring the court to pronounce judgment on all issues except where a preliminary issue has been framed.6 ..... , learned senior advocate, also drew my attention to the provisions of section 3 of the limitation act, 1963 and submitted that as the suit had been filed after the prescribed period, the learned trial court ought to have dismissed the suit. ..... during the proceedings of the suit before the learned trial court, written statement appears to have been filed and evidence recorded to some extent after framing a number of issues, one of which was 'whether the suit is barred by law of limitation ..... it was further submitted that the learned trial court ought to have dismissed the suit also by virtue of order xiv, rule 2 (2)(b) c.p.c. mr. ..... when enquired from the learned senior counsel for the petitioners as to whether any preliminary issue on the question of limitation was framed by the court below it was answered by him in the negative.7 .....

Prem Bahadur Rai Vs. State of Sikkim

Court : Sikkim

Reported in : 1978CriLJ945

..... as the accused prem kumar rai absconded and accused laxman agarwala was discharged, the trial proceeded against the accused-appellant prem bahadur rai only and he was charged by the learned sessions judge under section 457 read with section 34 of the indian penal code for committing lurking house trespass and also under section 392 read with section 34 of the indian penal code for committing ..... well settled and the law appears to be, as settled by a series of authorities, that (a) under illustration (a) to section 114 of the indian evidence act, the court may, but not that it must, make the presumption therein mentioned; (b) even if the court makes the presumption under illustration (a) to section 114 of the indian evidence act, the onus on the general issue is still on the prosecution, and (c) it is not the law that if the accused fails to account for his possession ..... we, however, feel that before parting with this case we should draw the attention of the learned sessions judge to a palpable error of law committed by him in framing a charge against the accused for committing lurking house-trespass. ..... that being the position in law, we feel that even if the learned sessions judge was right in holding that the accused was to be regarded as the person in possession of the stolen article within the meaning of illustration (a) to section 114 of the indian evidence act, still the accused was not to be convicted if the other facts on the record did not unmistakably point to his guilt. .....

Gayching Bhutia and anr. Vs. Union of India (Uoi) and ors.

Court : Sikkim

Reported in : AIR2008Sik1

..... violation of fundamental rights by a group or class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, specially this court, should leave aside the procedural shackles and hear such petitioners and extend its jurisdiction under all available provisions for remedying the hardships and ..... :18. ...lastly, it must also be borne in mind that no one has night to the waiver of the locus standi rule and the court should permit it only when it is satisfied that the carriage of proceedings is in the competent hands of a person who is ..... litigation. credibility of the persons initiating public interest litigation is an important aspect which requires the attention of the court at the threshold otherwise the unscrupulous litigants would hijack the system and use it as an instrument of blackmail....the following further observation made by the court on the point in the same paragraph is also relevant..liberalising the rule relating to standing is no licence granted to one and all ..... have committed criminal acts in the course of the alleged violation of the guidelines and rules for which a detailed enquiry by special agency is called for and in the circumstances this court in exercise of extraordinary jurisdiction under article 226 of the constitution can issue necessary direction to the central bureau of investigation to conduct an investigation into the matter under the supervision of this court and submit a .....

Chandra Bahadur Tamang Vs. Sundermaya Tamang

Court : Sikkim

Reported in : 1983CriLJ323

..... including the time taken for obtaining the copy of judgment and also the time, if any, occupied in prosecuting with due diligence any application to the court of session for a reference to the high court and obtaining such decision.so far as this high court is concerned there is, as yet, no rule of practice that criminal revisions, which are filed after the expiry of the period allowed for appeals, are ..... civil courts acts operating in the different states, the court of the district judge has the inherent jurisdiction to entertain all civil suits in the district and, therefore, though under section 15 of the code of civil procedure 1908, every suit is required to be instituted in the court of the lowest grade competent to try it, trial by a, district judge of a suit, which according to section 15 is to be tried by a court of ..... 608-609 of cri lj) that since the uttar pradesh private forests act, 1948 mentions only the courts of magistrates of the second class and of the third class as the courts which could try offence under section 15 of the act, the magistrates of the first class could not try such offence 'even though the powers of those courts may be superior to those of magistrates of the second and third class' and ..... bal karan kaur 1972 cri lj 93 also referred to the provisions of article 123 of the limitation act in construing the relevant provisions of the proviso to section 488 (6) of the code of criminal procedure and held that if the husband did not appear in spite of .....

Pema Dukpa and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 1981CriLJ276

..... being previously examined under section 164, code of criminal procedure, but she being the sole eye-witness and subjected to this 'tying-up-process', i must receive her evidence with caution and should proceed to act upon it if, and may i add, only if, i find that there are other evidence or circumstances on record which would lend assurance to the truth of her evidence or, to use a familiar forensic jargon, which would corroborate her evidence ..... the accused have come up in appeal before us while the learned sessions judge has also, as he must, submitted the proceedings to this court under section 374, code of criminal procedure, after going through the records and hearing the learned counsel for the appellants and the learned advocate-general appearing for the state, we are satisfied ..... as i have already indicated, under the law as now settled by the supreme court in the decisions noted hereinabove, we must, before we can rely and act upon the evidence of pw 1, find corroboration thereof in material particulars in the other evidence on record, she being the solitary witness to the occurrence and a witness whom the prosecution thought it necessary to get tied-up a prior examination on ..... emperor air 1940 nag 340 : 42 cri lj 17 as follows:the court, however, ought to receive it with caution and if there are other circumstances which lend support to the truth of the evidence of such witness, it can be acted upon'. .....

Veena Devi Sharma Vs. State of Sikkim through the Additional Public Pr ...

Court : Sikkim

..... heard learned counsel for the parties and have perused the records of the sessions court.identification of the appellant:6. ..... , learned additional public prosecutor appearing on behalf of the state, has opposed those arguments and supported the judgment passed by the sessions court.5. ..... we have to examine as to whether the statement of the appellant fulfills the requirements of section 27 of the evidence act and whether, in fact, it leads to the discovery of the dead body of the deceased boy from the bamboo ..... on further investigation, discovery statement of the appellant (exbt.5) was recorded u/s 27 of the evidence act on 05.11.2009 and the dead body of the deceased was allegedly recovered from a bamboo grove near singtam hospital by recovery memo ..... delay is inordinate and there is evidence probabilising the possibility of the accused having been shown to the witnesses, the court may not act on the basis of such evidence. ..... be proved; and5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.26. ..... are in the nature of tests and significantly, therefore, there is no provision for it in the code and the evidence act, 1872. ..... test identification is admissible under section 9 of the evidence act, 1872. ..... must have been in consequence of some information received from the accused and not by the accused s own act. .....

State of Sikkim Vs. Aita Hang Subba @ Kaley

Court : Sikkim

..... power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded; (2) the code of criminal procedure, 1973 put no limitation restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law; (3) various expressions, such as, substantial and compelling reasons , good and sufficient grounds , very strong circumstances , ..... have been discussed above and on perusal of the evidence and the impugned judgment, we cannot but hold that the learned trial court has committed a gross error by completely misreading the evidence and overlooked and ignored glaring ones which would undoubtedly fall within the ..... statement of the respondent/accused person recorded under section 27 of the evidence act, 1872, exbt.6, was discarded by the learned trial court by accepting the submission on behalf of the respondent/accused that recovery of ..... copy of this judgment along with the records of the learned sessions judge, south and west sikkim at namchi, be transmitted forthwith ..... case no.17 of 2010 of the learned sessions judge, south and west sikkim at namchi, by which the respondent/accused was acquitted of the charge under section 302 of the indian penal code (for short ipc ) for having ..... the learned sessions judge (south and west) sikkim, having found prima facie materials framed charge under section 302 ipc against the respondent/accused which when read over to him he .....