Judgment Search Results Home > Cases Phrase: city sessions court act 1953 Court: sikkim Page 10 of about 136 results (0.041 seconds)

Prem Subba and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 2004CriLJ1084

..... is to do justice not only from the point of view of the accused and the prosecution, but also from the point of view of the orderly society.d) for that it is settled law that under section 311 courts examine evidence neither to help the prosecution nor to help the accused and further it is done neither to fill up any gaps in the prosecution evidence nor to give any unfair advantage against the accused.e) for it is ..... out the truth and render a just decision, the salutary provisions of section 540 of the code (section 311 of the new code) are enacted whereunder any court by exercising its discretionary authority at any stage of enquiry, trial or other proceeding can summon any person as a witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person ..... union of india (supra), the apex court affirmed the related judgment and orders of the gujarat high court, whereby the high court set aside the related judgment and orders of the sessions judge confirming the orders of the learned judicial magistrate, first class who rejected the application under section 540 ..... trial for offence punishable under section 307 of the indian penal code before the court below and the related charge has been framed against the accused-petitioner did not plead guilty, and claimed for trial; the trial court started examination of as many as prosecution witnesses and, later on, the trial court below fixed date for examination of the investigating officer (i.o. .....

Krishna Prasad and ors. Vs. Shyam Narayan Prasad and ors.

Court : Sikkim

Reported in : AIR2006Sik25

..... registered the plain consequences that flow from it, is that, such document would not be admissible in evidence under section 91 of the evidence act and no oral evidence can be given of its contents.therefore, the net result of the above discussion is that, the decision of the first appellate court that the rcc building is one of the items of property included in ext.p2, having been based on a document, which is inadmissible in ..... speaks for itself and prima facie needs no interpretation.in the subsequent paragraphs, the learned appellate court taking note of section 118 of the transfer of property act which defines exchange and section 54 of the transfer of property act which defines sale has observed that, registration is compulsory in case of sale of tangible ..... counsel for the appellants that, once a document is proved under section 91 evidence act, the following next section 92(1) permits the appellants to lead evidence to show that the intent and purport of the document, ext.p2 was not to exchange the rcc building at all, and, therefore, the observation of the learned appellate court that the contents of the document (ext.p2) speaks for itself and prima facie ..... .p2 was to be taken as a valid document and admissible in evidence under section 91 of the evidence act, the contention of mr moulik, the learned counsel for the appellants is that the finding of the learned appellate court that the rcc building is included as an item of property agreed to be transferred, is based on .....

Nima Ongdi Lepcha Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : AIR2007Sik7

..... in the appeal against the judgment of the high court, the apex court set aside the judgment of the high court, holding that section 3 of uttar pradesh public monies (recovery of dues) act, 1972 does not envisage the provision of the act being utilized for recovery of every loan taken from the bank, and further holding that recourse to such action was permissible under section 3(1)(b) only, in respect of loans taken from ..... judge held that the recovery act, 1993 stands enforced in the state, and on such enforcement of the act, the sikkim debts law 1910 and any other law on recovery of debts stand automatically repealed 'if such laws are corresponding to the recovery act'.the above observation of the court, which has been strongly relied ..... court in; paragraph 24 of the judgment observed as follows:before any repugnancy can arise, the following conditions must be satisfied:(1) that there is a clear and direct inconsistency between the central act arid the state act ..... the year 2003, after a lapse of 14 years, without the above two decisions of this court being taken into consideration, cannot be sustained on the touchstone of article 255 of the constitution of india, and as such, the subsequent assent cannot revive and revalidate the act in question, which stood impliedly repealed as aforesaid.as regards act no. ..... it necessary to go into this aspect, in view of our above conclusion that, merely on the basis of the two single bench decisions of this court, it cannot be said that the act no. .....

Palden Bhutia and ors. Vs. Januka Chettri and ors.

Court : Sikkim

Reported in : AIR2007Sik15

..... lawful agreement of compromise, (in writing and signed by the parties) or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith (so far as it relates to the parties to the suit, whether or not the subject- ..... the negligence or gross negligence of the next friend, it would be permissible for the minor to avoid the judgment or decree passed in the earlier proceedings, by invoking section 44 of the evidence act, without taking resort to a separate suit for setting aside the decree or judgment.as it can be noticed, none of the above decisions deal with the question as to whether a separate suit would ..... the compromise on which the decree is based was not lawful.the apex court further held in paragraph 13 as follows:13...to make the enquiry in respect of validity of the compromise more comprehensive, the explanation to the proviso says that an agreement or compromise 'which is void or voidable under the indian contract act - 'shall not be deemed to be lawful within the meaning of ..... the amending act appears to be to compel the party challenging the compromise to question the same before the court which had recorded ..... court is, whether an independent suit would lie to set aside a compromise decree, in cases where the ground taken in the suit falls outside the purview of section 23 of the indian contract act .....

Kul Bahadur Gurung and ors. Vs. Gajendra Gurung and ors.

Court : Sikkim

Reported in : AIR2007Sik23

..... notifications in question, in clear and simple words, make it plain that unregistered documents such as mortgage deeds or sale deeds, which ought to have been registered in the opinion of the court, can be validated on payment of penalty up to 50 times the actual registration fee, and as such, the alleged sale deed which is unregistered one, falls within the purview of ..... was not a sale deed, and it was on this account that the division bench expressed the view that the document ex-hibit-dl could not be validated and admitted in the court to prove the title or other matters contained in the document on payment of penalty, and that, as such document could not be registered as sale deed even when the applicant ..... sikkim 33 in paragraph 13 of the judgment is as follows:.but, in the case in hand, we are of the view that this document exhibit d-1 could not be validated or admitted in court to prove the title or other matters contained in the document on payment of penalty as discussed above as such document could not be registered as sale deed even the appellant desires to avail ..... by the hon'ble high court in bishnu kumar rai (supra) for the reason that when the judgment of bishnu kala karki dholi (supra) was passed the transfer of property act was not enforced in the ..... court could not follow the above division bench decision is that the law laid down in the above decision was, in its view, no longer good law having regard to the extension and enforcement of the transfer of property act .....

Raju Chettri and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 2010CriLJ411

..... words, there must be chain of evidence so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.the above being the established position of law we need not refer to other cases which re-emphasises the very same position. ..... scrutiny, if it is found that there is substance in the evidence given by them, it is permissible for the courts to act on it.in the case of ashok kumar choudhary v. ..... itself would yet enable and inference being raised against him because the fact being in the explaining knowledge of the accused it was for him to have offered an explanation which he failed to do.para 16...this court held that a false answer offered by the accused on his attention being drawn to such circumstance renders the circumstance capable of inculpating him. ..... charge was framed by the learned sessions judge, east and north sikkim at gangtok, under sections 302/34, ipc and 380/34, ipc against the accused persons, against which they pleaded not guilty and claimed to ..... is directed against the judgment of the learned sessions judge, special division -i dated 30-3-2004, passed in sessions trial case no. ..... the learned sessions judge, after the, trial, in consideration of the materials on record, the evidence and upon hearing the counsels on behalf of the appellants and the learned public prosecutor, convicted the appellants and sentenced them .....

Passang Lepcha and Others Vs. Saney Tshering Lepcha, Son of Palo Targa ...

Court : Sikkim

..... therefore, even assuming that appeal had been filed under order xli rule 1 cpc as it stood before the amendment act of 1999, it was impermissible for the first appellate court to have dismissed the appeal only on the ground that there was no proper presentation of the appeal as the certified copy of the decree was not filed along with the ..... which requires consideration and that is, once an appeal is admitted for hearing under rule 12 of order xli the only provision which authorizes the first appellate court to dismiss the appeal thereafter is under rule 17 of order xli cpc wherein under sub-rule (1) the court has been empowered to dismiss an appeal if the appellant does not appear when the appeal is called on for hearing on the date fixed. ..... deal with this aspect a little later but for the moment it is necessary for us to appreciate that the first appellate court has dismissed the appeal primarily on the ground that a copy of the decree had not been filed with the memorandum of ..... to note that when the matter came up for hearing on 13-11-2013 it was noticed that the first appellate court had not passed a decree when under section 100 of the code of civil procedure, 1908 (in short cpc ..... whether the court below dismissed the appeal on the ground that only copy of the judgment was filed and no copy of the decree has been filed along with the memorandum of appeal after the code of civil procedure 1908 was amended by act 46 of 1999, section 31(i) with effect from 1.7.2002 is legal and .....

State of Sikkim, Through the Secretary, Urban Development and Housing ...

Court : Sikkim

..... it is a well established position of law that while passing an interim order of injunction under order 39 rules 1 and 2 cpc, the court is required to consider: (i) whether there is a prima facie case in favour of the plaintiff; (ii) whether the balance of convenience is in favour of passing the order of injunction; and (iii) whether the plaintiff will suffer irreparable injury if an order of ..... after granting approval by the central government under section 2 of the act of 1980, the land in dispute was handed over for the project on 21.01.2012, the actual construction in land in dispute also started in january, ..... approval of the central government, as required under section 2 of the act of 1980 in respect of land in dispute, which is forest land, has been granted by the ministry of environment and forest ..... submitted that the approval granted by the central government under section 2 of the act of 1980 has not been challenged by the plaintiff/respondent no. 1. ..... he submitted that due approval, as required under section 2 of the act of 1980, was required to be obtained from the ministry of environment and forest, government of india, which was obtained and, only thereafter, the project work was started in land in dispute in january, 2012. ..... after grant of approval under section 2 of the act of 1980 by the central government, the land in dispute was also handed over by the concerned department on 21.01.2012 to the appellants and thereafter the construction in land in dispute also started .....

Dr. Supratim Datta Vs. Moutushi Sen

Court : Sikkim

..... pausing here for a moment, we may revert to the provisions of section 103 of the indian evidence act, 1872 which lays down that the burden of proof as to particular fact lies on the person who wishes the court to believe in its existence, unless it is provided by any law that proof of that fact shall lie on any particular person ..... closing, it would be appropriate to mention here that section 25 of the hindu marriage act, 1955 enjoins upon the court to pass orders pertaining to permanent alimony and maintenance. ..... is for the reason that under the evidence act, sec.3, a fact is said to be proved when the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. ..... she fails to do so without reason, the court can draw an adverse inference under section 114(g) of the indian evidence act, 1872 against the respondent. ..... the end result, in view of the discussions above, we set aside the impugned judgment of the family court and direct that the marriage between the parties be dissolved in terms of the provisions of the hindu marriage act, 1955. 43. ..... court to draw inference and decide on the basis of the probabilities of the case having regard to the effect on the mind of the complainant spouse because of the acts or omissions of the other ..... reddi (1988) 1 scc 105, the hon ble apex court held thus; the word cruelty has not been defined in the hindu marriage act. .....

Silli Man Subba and Others Vs. Man Bahadur Subba and Others

Court : Sikkim

..... of the contempt of courts act, 1971, which says that subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner ..... 50,000/- paid to the appellants (respondents no.1 to 3 in the cross objection) by the respondent no.1 (appellant in the cross objection) as interim compensation under section 140 of the act as per the order dated 02-11-2012 of the learned claims tribunal, it shall be refunded to the respondent no.1 (appellant in the cross objection) by the respondent no.2, the insurance company (respondent no.4 in ..... delhi transport corporation and another : (2009) 6 scc 121 where it was held that the courts will usually take only actual income of persons at the time of death where the deceased persons were self-employed or on a fixed salary and that a departure therefrom should be ..... tsewang namgyal, in an earlier case decided by this court on this very question, it had been held that there was no necessity to examine the bdo to prove as the certificate would fall within the meaning of a public document as provided under section 74 of the indian evidence act, 1872 and that judicial notice can be taken of it under clauses ..... judges of inferior courts are punishable by committal for acting unjustly, oppressively or irregularly in the execution of their duty; or for disobeying writs issued by the high court requiring them to proceed or not .....