Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 13 of about 170 results (0.047 seconds)

Sikkim Ayurvedic Pvt. Ltd. Vs. Pyari Tamangni and ors.

Court : Sikkim

Reported in : 1996ACJ1131

..... air 1966 sc 197, has held:a remedy by way of an appeal against the order of confiscation and imposition of a large penalty under the sea customs act is not an effective remedy, when no appeal can be filed unless the large penalty imposed upon the petitioner has first been deposited.thus, we find that there is unanimous opinion of all the ..... since the petitioner is not challenging the amount of the award, it was not necessary for him to file the appeal under the workmen's compensation act as it is an admitted fact that the said vehicle was insured with respondent no. 2. ..... it cannot be disputed that under section 149 of the motor vehicles act, the insurance company is charged as a judgment-debtor, especially when it was a party to the/compensation proceedings and had full opportunity to challenge the claim petition as it ..... can be made liable to pay compensation under the workmen's compensation act?parties were given ample opportunity to present their case and after hearing them at length, the learned commissioner was pleased to hold that the dependants of the deceased workman were ..... onerous or is not equally efficacious or for other sufficient reasons, the high court may examine the validity of acts done by the said authority, notwithstanding alternative remedy. ..... writ petition is not maintainable as it involves disputed questions of fact and the petitioner has an alternative remedy of appeal under the workmen's compensation act and, therefore, the writ petition be dismissed summarily. .....

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

Court : Sikkim

Reported in : AIR2007Sik15

..... 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 said rule..as such a party challenging a compromise can file a petition under proviso to rule 3 of order 23, or an appeal under section 96(1) ..... can be drawn from 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 lie, to set ..... koli : air1995sc1440 , the question that arose for consideration was, whether the judgment in an earlier declaratory suit fell within the ambit of section 44 of the evidence act, and for that purpose, whether it was necessary to examine if an inference of fraud or collusion could be drawn from the gross negligence on the part of the ..... counsel in elaboration of his submission, further contended that violation of term of any agreement falls within the province of contract act but violation of a statutory provision falls outside it, and in such a case, the provision contained in the new rule 3-a of order xxiii, cpc is .....

Suresh Subba Vs. Udai Sarkar

Court : Sikkim

Reported in : AIR2009Sik1

..... 2008 and further be pleased enough to restore the matter to its original number and or to pass any other order or orders as your honour may deem fit and proper in the interest of justice.and for which act of kindness, the petitioner as in duty bound shall ever pray.gangtokdated : 21st day of october 2008filed throughsd/-(sh. ..... normally in complaint cases filed under section 138 of the act when a complaint is filed, the complainant is having a stake in the matter. ..... the learned magistrate by his order dated 20-5-2008 took cognizance of the complaint under section 138 read with section 142 of the act-and the complainant was examined under section 200 cr.p.c. ..... it is to be noted that in a case under section 138 of the act it is always the complainant who is at stake for his money which ought to have been paid through the cheque. ..... 's case : 2004 crilj 406 (supra), in a case of non-appearance of the complainant on a date of hearing during the trial of the case of qheque dishonour under section 138 of the act, in paragraphs 19 and 20 observed as under:19. ..... magistrate (first class), east sikkim at gangtok (hereinafter referred to as 'the learned magistrate') in private complaint case nos 9 of 2008 whereby the respondent was acquitted from the charge under section 138 of the negotiable instruments act, 1881 (for short, 'the act').7. .....

The Branch Manager, New India Assurance Company Ltd. Gangtok Vs. Smt. ...

Court : Sikkim

..... thus, a careful reading of these decisions clearly shows that the liability of the insurer is limited, as indicated in section 95 of the act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third party also. ..... the decisions rendered by the apex court are consistent on the view that in an act or statutory policy the insurers liability would be limited to the extent provided in the act, but the law does not restrict or prohibit the insured and the insurer to enter into a special contract for the purpose of providing larger coverage of risk on payment of special or higher premium. ..... joshi also took us through section 147 of the motor vehicles act to support his contention that policies of insurance did not contemplate covering owners of the vehicle like in the present case. ..... sudesh joshi, the learned counsel appearing on behalf of the appellant company, submitted that the deceased being the owner himself cannot be said to be covered under the policy of insurance, since the motor vehicles act, 1988 does not provide for such cover. ..... any other view would be inconsistent with the object of the motor vehicles act, 1988 and, therefore, unacceptable. ..... 64uc of the insurance act, 1938, it is found that section 4 thereof provides for regulation for tariff for commercial vehicles. .....

Tika Ram Chettri Vs. State of Sikkim

Court : Sikkim

..... her underwear and lifting her frock did outrage the modesty of the victim, inasmuch as modesty is the attribute of the female sex, which she possess irrespective of her age and such modesty would be outraged by an act which is not normal and which in turn would belittle the victim in her own estimation as well as in the perception of others. (18. ..... there must not be any doubt as to a single act or series of acts which constitute the transaction, that is to say, there must not be any doubt as to the facts. ..... after the accused had committed the sexual act on me he had given me a ten rupee indian currency note, one five rupee note and one coin of the denomination of rupees two as allurement for not disclosing the incident to anybody ..... can it be said that such an act would not constitute an attempt to rape? ..... - (1) if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges ..... coming on top of me after lying me on the cot is the sexual act as told to me by my mother............it is true that i do not know what is the meaning of the sexual act. ..... the accused freed me and left towards the river for taking a bath when a neighbour whom i refer to as bhabhi came to our house and saw the accused committing the sexual act on me. ..... the accused shut my mouth with his hand and thereafter committed sexual act on me. .....

Karma Hozer Rabten Vs. Union of India, Represented by the Secretary, M ...

Court : Sikkim

..... in the instant matter, the caveat, as contended by the respondents is the provision in the passport manual, 2010, which requires persons born to tibetan refugees to submit an application individually under section 9(2) of the act to the ministry of home affairs pursuant to which the nationality status of all such children born to tibetan refugees in india will be determined by the ministry of home affairs as per prescribed procedure available under the citizenship rules, ..... learned central government counsel for the respondents no.1 to 3 while agreeing with the submissions of the learned counsel for the petitioner, pertaining to the provisions of section 3(1)(a) and (b) of the act, pointed out that the only hurdle in obtaining a passport by the petitioner is the terms set out in the passport manual, 2010, as already dealt with in the counter-affidavit. ..... it was vehemently argued by the learned counsel for the petitioner that in terms of section 3(1)(a) of the act there is no necessity for the petitioner to take any further steps besides those already taken by him for obtaining a passport as the section clearly provides that every person born in india on or after 26th day of january, ..... every person born in india, (a) on or after the 26th day of january, 1950, but before the 1st day of july, 1987; (b) on or after the 1st day of july, 1987, but before the commencement of the citizenship (amendment) act, 2003 and either of whose parents is a citizen of india the time of his birth; 12. .....

The Branch Manager Bajaj Allianz General Insurance Co. Ltd. Vs. Rita T ...

Court : Sikkim

..... company fairly and frankly submitted that he is not disputing/ challenging that the vehicle in question was insured with appellant at the relevant time, the present application under section 163a of the act, is maintainable, annual income of the deceased, the claimants are legal representatives of deceased, who died in motor accident, which is subject matter of this case, and they are entitled to receive the ..... arguing the second point, learned counsel for the appellant submitted that the claim application was filed under section 163a of the act, therefore, compensation should have been awarded exclusively as per second schedule, wherein there is no provision for awarding compensation under ..... (supra), the honble apex court was considering a case, wherein, the application for compensation was filed under section 163a of the act and after considering various judgments held that in addition to awarding compensation for pecuniary loss, compensation must also be granted with regard to ..... (supra), the honble apex court considered the provisions of section 163a, 166 and 168 of the act and held that immediate future prospect though not relevant for computation of amount of compensation under section 163a, would be a relevant factor to be considered for determining annual ..... from the discussions of the case law referred to above, it is clear that provisions of the act are piece of social and welfare legislation, if there are contrary documents, then the document which is favourable .....

The Branch Manager, United India Insurance Company Limited Vs. Biresh ...

Court : Sikkim

..... the driver of the vehicle to be a minor and, therefore, not eligible to be issued with a driving licence to drive a vehicle of the kind that met with the accident in pursuance of section 4 of the motor vehicles act, 1988 (in short the act ) and that the vehicle being allowed to be driven by the minor without a valid driving licence was also in gross violation of sections 3 and 5 of the ..... strict construction of the relevant clause of the insurance policy alluded to above, it would appear that since the driver sheik masoom was firstly a minor and, therefore, falling within the mischief of sections 3 and 4 of the act and secondly, he was not authorised under section 5 of the act, the appellant-insurance company would stand protected from its liability which then would shift to the owner of the vehicle. ..... from the above is that violation of the provisions of sections 3, 4 and 5 of the act per se is not the sole consideration while determining the question of breach of a policy condition. ..... (viii) implicit in the above finding is that the keys of the motorcycle was taken by the minor jatin with the knowledge and consent of the owner in clear violation of section 5 of the act which amounted to breach as contained in section 149(2) and, thereby of the policy condition. ..... pedantic view without examining the case in the light of section 149(2) of the act would be an antithesis to the very object of the act, particularly chapters x, xi and xii thereof, which is a benevolent piece of .....

Sanjay Subba Vs. State of Sikkim

Court : Sikkim

Reported in : 2004CriLJ3285

..... it cannot however be disputed that the act of the appellant resulting in the injuries to the deceased was done with the knowledge that it was likely to cause his death. .....

Arbind Chettri Vs. State of Sikkim

Court : Sikkim

Reported in : 2005CriLJ984

..... however, keeping in view the nature of the injuries inflicted on the deceased, it cannot be said that the appellant had no knowledge that he was by his act likely to cause death.13. .....