Court : Sikkim
Reported in : AIR2007Sik7
A.P. Subba, J.1. By filing this Writ Petition, the Petitioner Shri Nima Ongdi Lepcha, a loanee of the State Bank of Sikkim (Respondent No. 2), has prayed for quashing the impugned Certificate of Public Demand dated 13-9-2004 issued by the Certificate Officer, East District for recovery of O.D. loan of Rs. 5,62,365.17 from him.2. Before proceeding with the narration of the respective cases of the parties, it is convenient to bear in mind, that the law relating to recovery of public demands in erstwhile Sikkim was not comprehensive. The relevant law as contained in Notification No. 405 of 1950 was sketchy and inadequate. It mainly lacked provision for giving due opportunity to the debtor for making representations against the realisations of public demands. Hence, with a view to make a comprehensive law with detailed provisions on the subject, the State Legislature enacted a law called the Sikkim Public Demands Recovery Act, 1988 (hereinafter referred to as Act 1 of 1988). This Act recei...
Tag this Judgment!Court : Sikkim
Reported in : 1981CriLJ695
Man Mohan Singh Gujral, C.J.1. This Reference under Article 228 of the Constitution of India and Section 432 of the Cr. P.C. made by the learned Sessions Judge of Sikkim at Gangtok by his order dated 28th of Nov., 1979, brings to the forefront the question of the constitutional validity of the Sikkim Criminal Procedure Act. 1976 (hereinafter called the 'Sikkim Act') in the light of the provisions of Article 371-F (k) of the Constitution of India. The answer to this question would finally settle the procedure to be followed by the Courts in Sikkim in respect of the trials of criminal cases pending therein. The circumstances leading to this Reference may first briefly be stated.2. The controversy involved has a close link with the judicial history of Sikkim during the last three decades. Though from the historical point of view the period does not relate to distant past yet the procedural atmosphere is surrounded with such mystery as if excavation of pre-historic culture is needed to unr...
Tag this Judgment!Court : Sikkim
Sunil Kumar Sinha, ACJ. 1. A short question involved in this writ petition is : "Whether, after the extension of the Income-tax Act, 1961, to the State of Sikkim with effect from April 1, 1990, the Sikkim State Income-tax Manual, 1948, stands repealed and the assessments made thereunder for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005-06) would be without authority of law ?" 2. The facts, briefly stated, are as under : 2.1 By the Constitution (Thirty-sixth Amendment) Act, 1975, Sikkim was admitted as a State of the Union of India with effect from April 26, 1975, and article 371F of the Constitution of India was inserted to provide for special provisions with respect to the State of Sikkim. Sub-clause (n) of article 371F empowers the President of India to issue public notification and to extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of such notification. ...
Tag this Judgment!Court : Sikkim
Reported in : 1983CriLJ323
A.M. Bhattacharjee, J.1. This is a revisional application by the petitioner against the order passed against him by the learned Sessions Judge directing him to make monthly allowances for the maintenance of his wife, the respondent No, 1, and his son, the respondent No. 2, on an application filed by them under Section 488 of the Code of Criminal Procedure, 1898, that being the Code which is still applicable in Sikkim subject to some exceptions and modifications.2. The impugned order having been passed on 25-2-81 and the present revisional application having been filed on 8-9-81, the first question that arises for consideration is whether the present revision is barred by time. The Law of Limitation in force in Sikkim, like the Indian Limitation Act, 1908 (now repealed and replaced by the Limitation Act of 1063), does not prescribe any period of limitation for any revisional application, civil or criminal. But in Kinzang Dahdul V. Ransul Kharga 1978 Cri LJ 1569 at pp. 1572-1573 it has b...
Tag this Judgment!Court : Sikkim
Reported in : 2006CriLJ4778
N. Surjamani Singh, J.1. The judgment of conviction and sentence dated 29th June, 2005 passed by the learned Sessions Judge, South and West Districts at Namchi, South Sikkim in Sessions Trial Case No. 19 of 2004 the appellant, Bikash Chhetri for the offence punishable under Section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life are under challenge in this Criminal Appeal.2. The facts of the case in a short compass are as follows:According to the prosecution, on 5th November, 2003 at around 9.30 hrs. a telephonic information was received by Shri R.B. Dahal, P.W. 21 from one Shri Deo Kumar Rai (PW 4), Panchayat President of Samsing-Gelling, West Sikkim to the effect that Miss Arati Rai, daughter of Shri Arun Chandra Rai aged about 19 years, a resident of Middle Gelling, West Sikkim was gang-raped by Bikash Chhetri (the appellant) along with Sanjeev Rai and Binay Rai of the same village on 28th October, 2003 and that Miss Arati Rai was murdered by Bikash Chhetri ...
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Wangdi, J. 1. Writ Petition (C) Nos.22 and 23 of 2012 were originally filed before the Hon ble Supreme Court being Writ Petition (C) Nos.101 and 102 of 2012 respectively. Vide order dated 08-05-2012 the Hon ble Supreme Court was pleased to transfer them to this Court for disposal under Article 226 of the Constitution of India as various issues involved in the cases were of local nature. We may reproduce the said order of the Hon ble Supreme Court which reads as under:- The question raised in these writ petitions under Article 32 of the Constitution should, in our view, be first considered by the Sikkim High Court under Article 226 of the Constitution. There are various issues involved which are local in nature and should be considered at that level. Accordingly, let the writ petitions filed by Tenzing Bhutia and Another and Sonam Lama, which have been registered as be transferred to the Sikkim High Court, to be treated as writ petitions under Article 226 of the Constitution. The Regist...
Tag this Judgment!Court : Sikkim
Reported in : AIR2007Sik23
A.P. Subba, J.1. This Civil Revision Petition is directed against the impugned order dated 3-5-2006, passed by the Learned District Judge, (South and West) at Namchi in Title Suit No. 5 of 2004, rejecting an application dated 24-4-2006 filed by the petitioners, seeking permission to validate an unregistered sale deed dated 6-2-1968 (Annexure-A1) by paying penalty in terms of Notification No. 2947G dated 22-11-1946.2. The relevant facts of the case, in short, are that the principal Private Respondent Nos. 1 to 17 herein filed Title Suit No. 5 of 2004 in the Court of Learned District Judge (South & West) at Namchi against all the defendants/petitioners and the Proforma Respondents claiming partition of the suit properties covered by Plot Nos. 47, 162 and 428 situated at Mangmoo Block, P.S. Dentam, West Sikkim from the defendant/Petitioners and of plot Nos. 374 and 383 located in the same block from the Proforma Respondent Nos. 18 to 20.3. The case of the Principal Respondent Nos. 1 to 17...
Tag this Judgment!Court : Sikkim
Reported in : 2010CriLJ411
S.P. Wangdi, J.1. This appeal is directed against the judgment of the Learned Sessions Judge, Special Division -I dated 30-3-2004, passed in Sessions Trial Case No. 4 of 2004, by which the appellants were convicted under Sections 302/348, 380/341, IPC and sentenced to undergo R.I. for life and to pay fine of Rs. 2000/- Under Section 302/134, IPC and R.I. for seven years and to a fine of Rs. 1000/- Under Section 380, IPC against the appellants, directing that sentences shall run concurrently.2. Substance of the prosecution case is that, in the wee hours of 11-11-2003, at about 4.00 a.m. a patrol party consisting of C/1180 Man Bahadur Chettri and Home Guard Indra Kumar Chettri, saw the appellants near Krishi Bhawan at Tadong, proceeding downhill on foot with bags. Finding their movement to be suspicious, they accosted them and when questioned, the appellants were unable to give reasonable answers. Upon their search at the Tadong O.P. where they were taken by the patrol party, the appella...
Tag this Judgment!Court : Sikkim
Reported in : 1985CriLJ1423
A.M. Bhattacharjee, Actg. C.J.1. The main question involved in these two cases is whether, under the provisions of Article 254 of the Constitution, the Sikkim Criminal Procedure Act of 1976 is void to the extent of its repugnancy to the provisions of the Cr. P.C. 1973, the Sikkim Act admittedly not having received the assent of the President. There should be no doubt that if the Cr. P.C. of 1973, a law made by Parliament, was in operation in the State of Sikkim when the Sikkim Criminal Procedure Act of 1976 was enacted by the Sikkim State Legislature, then, both the enactments being with respect to matters enumerated in the Concurrent List, the Sikkim Act would be void to the extent of its inconsistency with the Parliamentary Code under the provisions of Clause (1) of Article 254 of the Constitution, as admittedly the Sikkim Act ;has not received the assent of the President in accordance with the provisions of Article 254(2).2. Sikkim has been incorporated in the Union of India in May,...
Tag this Judgment!Court : Sikkim
Reported in : 2010CriLJ44
S.P. Wangdi, J.1. By this appeal, the appellant seeks to assail the judgment of the learned District and Sessions Judge, Special Division-I, Sikkim at Gangtok, in S.T. Case No. 5 Of 2007, rendered on 6-8-2008, by which he was convicted under Sections 354/342, I.P.C. and sentenced to undergo simple imprisonment of 1 year and to pay fine of Rs. 1000.00 for offence under Section 354, I.P.C., and for the offence under Section 342, I.P.C. to undergo rigorous imprisonment of 2 years and to pay a fine of Rs. 2000.00. Both the sentences were made to run concurrently.2. History of the prosecution case is that, on 31-8-2006, at around 16.00 hours, Ranipool Police Station received a written complaint from one Brij Mohan Bihani of Shanti Complex, Ranipool (PW 1), alleging that on that day at around 2.30 p.m. his daughter Komal Bihani aged about 9 years (the victim/PW 2), had gone to the medical shop of Mritunjay Kumar the accused/appellant near Shanti Complex to purchase medicine. On reaching the ...
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