Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 1 of about 170 results (0.043 seconds)

Balchand Udairam and anr., Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : [1989]180ITR530(Sikkim)

..... (a) commits default in payment of tax as determined ; (b) fails or refuses to submit any return of his annual gross income ; (c) obstructs the inspector or other officials authorised by the government in the discharge of his or their duties under this act and other taxation laws in force in the state of sikkim ; (d) is guilty of contravention of or non-compliance with any of the requirements of the taxation laws in force in this state or orders, notifications or directions made thereunder for which no ..... but when a provision of law relates to the performance of any public duty and the invalidation of any act done in disregard of that provision causes serious prejudice to those for whose benefit it is enacted and at the same time who have no control over the performance of the duty, such provision should be treated as ..... the certificates which are not transfer certificates and which were issued without the payment of transfer fee, notwithstanding what is contained therein because, instead of having been issued in the regular course of official acts, they were issued against the official procedure prescribed in the aforesaid notification.26. ..... the state income-tax manual, 1948, is a compilation of guidelines prepared by the officers who used to ..... -tax manual was in force in the state of sikkim prior to the merger, since the government employees and the businessmen were paying income-tax under no other law than the manual of 1948. ..... contained in the sikkim state income-tax manual, 1948. .....

Mani Kumar Thapa Vs. State of Sikkim

Court : Sikkim

Reported in : 2002CriLJ876

..... given case, the incriminating facts from which such an inference is to be drawn should be held to be firmly established, they should only and wholly warrant the inference that more than one accused person acted in furtherance of common intention, of all; they must be wholly incompatible with the contrary inference, and incapable of being explained on any other reasonable hypothesis. 23. mr. ..... in a case like that, each would be individually liable for whatever injury he caused but none could be vicariously convicted for the act of any of the others, and if the prosecution cannot prove that his separate blow was a fatal one he cannot be convicted of the murder however clearly an intention to kill could ..... in a case like that, each would be individually liable for whatever injury he caused but none could be vicariously convicted for the act of any of the others, and if the prosecution cannot prove that his separate blow was a fatal one he cannot be convicted of the murder however clearly an intention to kill could be proved in his case air ..... air 1999 sc 3830 : 2000 cri lj 12, wherein the supreme court held (at page 15 of cri lj) :the common intention implies acting in concert, existence of a pre-arranged plan which is to be proved either from conduct or from circumstances or from any incriminating facts. ..... a prearranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of them all:-- ' .....

Sikkim Manipal University Vs. State of Sikkim

Court : Sikkim

..... for the foregoing reasons, we allow this writ petition and record our findings that after 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 ..... under clause (n) of article 371f of the constitution of india, due to difficulties pointed out by the government of sikkim, the implementation of the income-tax act, 1961, was deferred by one year (assessment year 1989-90 to the assessment year 1990-91) and due to this, the sikkim state income-tax manual, 1948, stood repealed automatically from the date in view of clause (k) of article 371f of the constitution of india. ..... 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 ..... sikkim that whether it was required that the provisions for repealing of the sikkim state income-tax manual, 1948, could be included in the income-tax act, 1961, the chairman clarified that, according to the central government's view, the sikkim state income-tax manual, 1948, stood repealed automatically once the income-tax act, 1961, being a central legislation, was extended to sikkim. 10. .....

Nima Ongdi Lepcha Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : AIR2007Sik7

..... 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 ..... thus, if the subject matter falls in the state list, the question of obtaining presidential assent would not arise, for making the act a valid piece of legislation, unless it is intended to prevail over an earlier law of the union in the state, within the exception engrafted under clause ..... a perusal of the relevant facts of the case shows that the case of the petitioner therein, was that, the recovery act 1993, a central act, was inconsistent with the provisions of sikkim debts law 1910 and other laws relating to recovery of money which are protected under article 371f(k) of the constitution, and thus encroaches upon ..... come into force and since no notification has been issued, the only legitimate conclusion that can be drawn is that, the act has not come into force in the state till date and consequently it follows that no action taken. ..... it is thus settled position of law that, there can be no repeal by implication unless the repugnancy between the acts appears on the face of the two statutes and where there is room or possibility of both the statutes operating in the same .....

Pema Tamang Vs. State of Sikkim

Court : Sikkim

Reported in : 2006CriLJ2999

..... manner the crime has been committed and the kind of injury inflicted on the deceased, it cannot, by any stretch of imagination, be said that the accused did not by his act intend to cause the death of the deceased and that he had done the act only ; with knowledge that it was likely by his act to cause death.thus, keeping in view the whole scenario in which the ghastly crime was committed, it is clear that the ..... is the intention which is the basis of liability in the first part whereas it is knowledge which is the basis of liability in the second part.it is therefore clear from the above that section 304, part ii applies when the act is done with the knowledge that it is likely to cause death but with no intention to cause death. ..... moreover, the evidence of this witness cannot be acted upon without any corroboration as she is an interested witness being the wife of the ..... it thus follows that the act of the accused squarely fails within the meaning of murder as stated in section 300.as regards the appropriate punishment that is called for in the circumstances of the present case we can do no better than quote the following observation ..... which lays down when an act amounts to murder and when it amounts only to homicide not amounting ..... there was provocation from the deceased, the provocation which allegedly emanated from a quarrel triggered by a petty matter like cutting off of a polythene water pipeline would not in our considered view, justify a brutal act like beheading of the deceased. .....

Dr. Supratim Datta Vs. Moutushi Sen

Court : Sikkim

..... reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty; (xii) unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty; (xiii) unilateral decision ..... the ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behavior of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty; (xi) if a husband submits himself for an operation of sterilization without medical ..... 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 ..... 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 ..... wright (1948)77 clr 191 : 22 aus lj 534, wherein the view taken was that the civil and not a criminal standard of persuasion applies to matrimonial causes, including issues .....

Hem Lall Bhandari Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : AIR2003Sik1

..... hon'ble chief justice shall be provided with staff car in terms of section 22-b of the judges (conditions of services) act, 1954.this notification shall come into force with immediate effect.by order and in the name of the governor.s.w. ..... sk/02/ 0006 and violation of sections 47 and 146 of the motor vehicles act, 1988 by the respondent no. ..... merit of it and court is not supposed to make a probing enquiry like an original or appellate authority as the same is to be dealt with by the competent authority under the relevant provisions of the law laid down under motor vehicles act and rules. ..... 2 by the motor vehicle department is in complete violation of the provisions of the section 47 and section 146 of the motor vehicles act, 1988. mr. .....

Nar Bahadur Bhandari Etc. Vs. State, Etc.

Court : Sikkim

Reported in : 2003CriLJ2799

..... be taken by the court, of the offence of criminal conspiracy;(ii) the offences which were allegedly committed by the accused persons were committed prior to the coming into force of the prevention of corruption act, 1988 and as such, the accused persons could not be charged with the offence punishable under section 13(2) read with section 13(1)(d) of the p.c. ..... cannot often be proved by direct evidence and it often happens that participation in overt acts in pursuance of the alleged agreement provides good grounds for the inference of participation in the ..... of investigation was constituted under section 2 of the delhi special police establishment act, 1946 for the investigation in any union territory of the offences notified under ..... help to the petitioners, since it clearly lays down that even if the authority concerned is not bound to accept the lowest rates, it has to act in a reasonable manner according to the norms laid down by the authority.15. ..... cri) 270 : (1987 cri lj 709) that it is wrong to think that every one of the conspirators must have taken active part in the commission of each and every one of the conspiratorial acts and only then the offence of conspiracy will be made out. ..... -- where this 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 .....

Branch Manager, National Insurance Co. Ltd. Vs. Pavitra Chettri and an ...

Court : Sikkim

Reported in : 2008ACJ957; AIR2007Sik1

..... it was accordingly submitted by the learned senior counsel that the learned tribunal misread and misapplied the provisions of second schedule of the motor vehicles act, 1988 and the error so committed by the learned tribunal was apparent on the face of the record resulting in manifest injustice to the petitioner, inasmuch as, the compensation awarded comes to more than double ..... 's case (supra) that the multiplier method if followed will ensure uniformity and certainty of awards to be made by the tribunals, the importance and desirability of adhering to the second schedule of the motor vehicles act and the guidelines laid down by the hon'ble supreme court in this regard cannot be over emphasized. ..... it is his further submission that, though the learned tribunal followed the second schedule of the motor vehicles act, 1988 in determining the quantum of compensation, it failed to arrive at the correct compensation amount as the percentage of permanent disability suffered by ..... in both the above judgments, the nee4 and importance of adhering to schedule ii of the motor vehicles act and the guidelines laid down by the hon'ble supreme court, keeping in view the desirability of maintaining uniformity and certainty of awards that may be passed by ..... the learned counsel also contended that the table appended in the second schedule to the act was only a guideline and the tribunal had wide powers to arrive at just conclusion while calculating the compensation taking into account the facts and .....

Suk Bahadur Subba Vs. State of Sikkim

Court : Sikkim

Reported in : 1988CriLJ1453

..... another contradiction between the evidence of taktuk bhutia and man bahadur limboo is that whereas the former has stated that the appellant on being asked by him at the scene of occurrence as to why he had done an evil act on the victim, the appellant replied that he had not done anything evil, the latter said that the appellant admitted to have committed sexual intercourse with her then according to the evidence of taktuk bhutia ..... , in the noon when he was going down to see his cardamom field, he saw the appellant and the victim indulging in sex act below the victim's house in the paddy field which belongs to him but which is cultivated by the victim's father nandram subba as a kutiadar, from a distance of about 25 to 30 feet ..... the witness then asked the appellant as to why he had done such an evil act on the victim and then the appellant replied that he had not done anything evil on her whereupon he showed to the appellant the paddy, plants which had been trampled upon by them while doing the sex act and then all these persons went first to the victim's house and then to the panchayat secretary's ..... further, he has deposed that after sometime, the appellant finished the sex act and began proceeding down the hill and the victim started going up hill towards her house and at that time he called the appellant who came towards ..... further stated that she asked the appellant not to indulge in the act but he refused and then she slapped him with her left hand but he continued in the act. .....