Court : Sikkim
Reported in : 2006CriLJ2311
..... room for future litigation, so that they may live peacefully hereafter, and on the request of the parties, in exercise of the power vested in this court under article 142 of the constitution of india, we allow the application for divorce by mutual consent filed before us under section 13-b of hindu marriage act and declare that the marriage solemnized between the consenting parties on 13th june, 2001 at delhi is hereby dissolved, and they are granted a decree ..... . therefore, the proper course to be followed as per the provisions of law as well as the terms of the mutual agreement of the parties is to file the joint application before the family court which has already been established in the state under section 3 of the family courts act, 1984 and is functional.18 ..... . in view of the above position, i am unable to persuade myself to agree with the view that an application filed under section 13-b of the hindu marriage act, 1955 for a decree of dissolution of marriage in the high court can be allowed in exercise of inherent power under section 151 of the code of civil procedure ..... . the family courts act which is a special act lays down the detailed procedure to be followed in the adjudication of matrimonial dispute by the concerned court ..... . on and after the enactment of family courts act, 1984 and the establishment of family court under its provisions, the appropriate forum for adjudication of matrimonial dispute is the family court .....
Tag this Judgment!Court : Sikkim
Reported in : 2002CriLJ4641
..... the case was transferred in the court of learned sessions judge, special division on 12-5-2000. ..... charge-sheet was filed against six accused persons including two accused under sections 325/395, indian penal code read with section 25, arms act, 1959 and cognizance was duly taken and the case was registered as criminal case no. ..... wangdi, learned public prosecutor appearing for the state submits that the application for cancellation of bail in respect of the accused-petitioners was filed on 9-1-2001 before the learned sessions judge, special division and order was passed on 9-1-2001. ..... 17 of 1999 in the court of the learned sessions judge, east and north, gangtok. ..... therefore, the order of the learned sessions judge, special division does not suffer from any infirmity or material irregularity. ..... this revision petition has been filed by these accused petitioners with a prayer to set aside the order dated 11-1-2001 passed by the learned sessions judge, special division in criminal case no. ..... the accused be taken into custody.let the trial court record be sent at once. ..... a sessions judge has the power to cancel bail in an earlier case, if an accused is found to be involved in non-bailable offence while on bail by affording reasonable opportunity. .....
Tag this Judgment!Court : Sikkim
Reported in : 2001CriLJ3921
..... no other alternative but to transfer the appeal to the court of sessions judge (special division) to hear and dispose of afresh, ..... alone is enough for us to allow these appeals, which we hereby do, setting aside the impugned judgment and order of the high court and remit the matters back to it for fresh decision of the aforesaid three appeals on revival in accordance with law and on ..... tiny state of sikkim, number of criminal cases being very small the judicial magistrate and the sessions judges and other presiding officers while delivering any effective order or judgment must go through the order ..... convicts before the learned trial court on several dates and this fact was brought to the notice of learned sessions judge at the time of hearing of the appeal but no order was passed by the learned sessions judge in this respect. ..... bhuban chandra panda reported in air 1991 cal 295 to show that where a judge of a high court had earlier appeared on behalf of the writ petitioner, while being on bar, in earlier writ proceeding with respect of the self same subject-matter, the decision by him ..... court or any sessions judge may call for and examine the record of any proceeding before any inferior criminal court situated within its local jurisdiction for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior court ..... the high court is not expected to act under section .....
Tag this Judgment!Court : Sikkim
Reported in : 2006CriLJ509
..... in order to appreciate the contentions raised by the parties, it is necessary, in the first place, to notice the facts which have been found by the learned trial court as having been proved by the materials on record and as forming a complete chain of circumstances so as to lead to the only conclusion that the accused appellant alone would be responsible for the commission of the alleged crime. ..... on the case being committed to the court of learned sessions judge, south and west, namchi, the learned sessions judge heard the parties on charge and having found sufficient material, framed charge against the accused appellant under section 302 ipc and placed the accused appellant on trial.6. ..... this appeal is directed against the judgment and order dated 30th september, 2004 passed by the learned sessions judge, south and west at namchi convicting the accused-appellant under section 302 of the indian penal code and sentencing him to undergo imprisonment for life and to pay a fine of rs. ..... therefore, when the extra-judicial confession in the present case is examined in the light of the above guidelines, we find the same reliable and can be acted upon in the present case. ..... and it can be acted upon.27. ..... can be acted upon even though they do not reproduce the exact words spoken to by the accused appellant in his extra judicial confession.11. ..... singh, act. c.j.33. .....
Tag this Judgment!Court : Sikkim
Reported in : 1981CriLJ1067
..... have no doubt that this appeal must be allowed even on merits and the accused must be acquitted, even though the accused pleaded guilty and has been convicted by the learned additional sessions judge on such plea, notwithstanding the apparent bar in section 412 of the code of criminal procedure against the maintainability of such an appeal except as to the extent or legalitv ..... extraordinary and rather an exception to the ordinary notion of criminal trial, the care and caution to be exercised by the court before resorting to sub a course should also be extraordinary. ..... the charge thereunder must allege that the act by which the death has been caused ..... the learned additional sessions judge, 'upon consideration of all the documents referred to in section 173' as required by section 251-a of the code of criminal procedure, 1898, by which this state is still governed, framed a charge against the ..... of chaggu bhutia by doing a rash or negligent act not amounting to culpable homicide, to wit. ..... but in charge, the offending act has been described only as 'by driving your vehicle', without alleging that such driving by ..... in law or at all and cannot be acted upon and. ..... general rule that prosecution must prove the case by legal reliable and unimpeachable evidence because such a plea is obviously not an evidence within the meaning of section 3 or any other provisions of the evidence act. ..... if acted upon and followed by conviction, cannot attract the bar of section 412 to prevent the consideration of the .....
Tag this Judgment!Court : Sikkim
Reported in : 1981CriLJ1391
..... the schedule to the sikkim criminal procedure act, 1976 and that it would appear therefrom that chapter xviii of the code providing for committal inquiry-and chapter xxiii of the code providing for the procedure for trials before the high court and the courts of session 'shall not apply and all cases triable by the court of session are and shall be filed in such courts and the trial before the courts of session is and shall be according to the provisions ..... , therefore, exercises jurisdiction in one and the same court of session established for a sessions division under section 9(1) and has no separate or independent entity in the sense that the court over which he presides while exercising such jurisdiction does not constitute an independent court of session under section 9 of the code, but is a part or constituent of the same court of session headed by the sessions judge.that being the position, it can be argued, as has been sought to be argued by the learned public prosecutor, ..... that additional sessions judges also have equal and concurrent jurisdiction to try all such cases .....
Tag this Judgment!Court : Sikkim
Reported in : 2001CriLJ2680
..... plea is available to the accused persons in view of sub-section (3) of section 377 of the code of criminal procedure which provides: 'when an appeal has been filed against the sentence on the ground of its inadequacy, the high court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the ..... section 6 deals with the offences by companies and in nutshell provides that where an offence under this act has been committed by a company, every person who, at the time of offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be ..... as the judicial magistrate was not empowered by law to try the offences under the aforesaid act, the trial before the judicial magistrate has been void. ..... however, more than anything else, the entire proceedings before the learned judicial magistrate were void in view of section 9 of the act which states : 'no court inferior to that of a chief metropolitan magistrate, or as the case may be, chief judicial magistrate, shall try any offence punishable under this act. ..... accused persons were tried by the learned judicial magistrate, east and were charged under sections3, 5 and 6 of the prize chits and money circulation schemes (banning) act, 1978 (hereinafter referred to the act) and all of them were sentenced to a fine of rs. .....
Tag this Judgment!Court : Sikkim
Reported in : 1985CriLJ159
..... having denied to the accused the right to contradict the prosecution witnesses with reference to their previous statements recorded by the police, the accused moved the court of session in revision and the tearned sessions judge has, under section 438 of the code, reported the case for orders of this court as he was of the opinion that if, as held by the judicial magistrate, the previous statements were not recorded in the course of any investigation within ..... the meaning of section 162, then the statements would all the more be available to the accused under section 145, evidence act to contradict the makers of those statements ..... the section in the code of 1973 ; the new explanation, however, has not introduced any new principle, but has endeavoured to set at rest the sharp clea vage of opinion among the different high courts, sought to be sealed by the supreme ..... both the courts have accepted, and so have all the learned counsel appearing before us, that the investigation by the police in this case was not ordered under section 156(3), where under the magistrate empowered ..... citation should be necessary for so obvious a proposition, yet reference may be made to the full bench decision of allahabad high court in shyamlal v. .....
Tag this Judgment!Court : Sikkim
Reported in : 1985CriLJ1988
..... in the result, we dismiss the appeal and modify the order of the learned additional sessions judge and in substitution of the orders of conviction and sentence made by him, we convict the appellant urgen sherpa for the offence of murder under section 302 ipc and sentence him to ..... the observation that the act was done without pre-meditation, the learned additional sessions judge perhaps thought that the case was covered under exception 4 to section 300 which states that culpable homicide is not murder if it is committed without pre-meditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in cruel or unusual ..... ) : 1978crilj1869 that though a dying declaration which is not recorded by a magistrate has to be scrutinised closely, yet if the court is satisfied that on a close scrutiny of the dying declaration that it is truthful, it is open to the court to convict the accused on its basis without any independent corroboration. ..... however, the learned additional sessions judge held that the case fell under the second clause of section 304 ipc, since the act had been committed by the appellant without pre-meditation following the sudden caustic comment passed by his mother at ..... referred to a decision of the orissa high court in purna chandra singh v. ..... the learned trial court held that the dying declaration ..... but the court must be satisfied that the ..... the charge under section 302 ipc before the learned trial court. .....
Tag this Judgment!Court : Sikkim
Reported in : 2005CriLJ786
..... piece of evidence in the light of the surrounding facts and circumstances of the case beating in mind on the one hand, that the statement is by a person who has not been examined in court on oath and on the other hand that the dying man is normally not likely to implicate innocent persons falsely. ..... to show whether the prosecution has been able to establish facts which prove beyond reasonable doubt the commission of the offences of which the appellant has been convicted by the learned sessions judge, i would consider the specific objections taken by the learned counsel for the appellant. ..... the purpose of test identification is to test the oral evidence, the safe rule being that the sworn testimony of the witness in court as to the identity of the accused who is a stranger to him, as a general rule, requires corroboration in the form ..... who had appeared on behalf of the appellant, has submitted that the disclosure statement purported to have been recorded under section 27 of the evidence act is discrepant in vital respects and, consequently, the alleged seizure of the scabbard in pursuance thereof is of no value. ..... at sichey busty and accordingly he recorded his statement under section 27 of the evidence act in the presence of witnesses simon moktan of tibet road, gangtok and prem kumar rai ..... p-2) under section 27 of the evidence act was recorded and the scabbard (ext.p-1) was recovered ..... identification is admissible under section 9, evidence act. ..... as provided in section 9 of the evidence act. .....
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