Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 15 of about 170 results (0.026 seconds)

State of Sikkim Vs. Norbu Wangdi Bhutia

Court : Sikkim

Reported in : 2009CriLJ3259

..... was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction-la) in the case of a person who is employed or, as the case may be, ..... sanction, during the period commencing on the 20th day of august, 1991 and ending with the date immediately preceding the date on which the code of criminal procedure (amendment) act, 1991, receives the assent of the president, with respect to an offence alleged to have been committed during the period while a proclamation issued under clause (1) of article 356 ..... shri norbu wangdi bhutia, assistant engineer (revenue), energy and power department, government of sikkim misappropriated the electricity arrears collected from the consumers.and whereas, the said act of shri norbu wangdi bhutia constituted the offence under sections 409, 420 and 477a indian penal code, 1860;and whereas, on careful examination of the materials ..... that shri norbu bhutia, assistant engineer (revenue), energy and power department, government of sikkim misappropriated the electricity arrears collected from the consumers.and whereas, the said act of shri norbu bhutia constituted the offence under sections 409, 420 and 477 indian penal code, 1860;and whereas, on careful examination of the materials collected .....

Sita Devi and anr. Vs. Shamsher Prasad Gupta and ors.

Court : Sikkim

Reported in : AIR2010Sik8

..... of this there is little doubt in the light of section 10 of the said act and the schedule thereto that the petitioners undoubtedly have a right on the questioned properties. ..... on my thoughtful consideration of the entire facts and circumstances of the case, i am of the view that the learned trial court appears to have acted in exercise of its jurisdiction illegally and with material irregularity. ..... once this aspect is not disputed, the next that requires necessary consideration is, as to whether the petitioners would have any right under the hindu law, more specifically the hindu succession act, 1956. .....

State of Sikkim Vs. Sangay Sherpa

Court : Sikkim

..... who was challenged both in speech and hearing had narrated by gesticulation to all those present in the house of the respondent/accused having outraged her modesty; (vii) in his statement recorded under section 27 of the evidence act, exbt.22, the respondent/accused had disclosed of him having concealed his mud soiled clothes in the house of one rinchen doma/lakpa sherpa which was later seized vide seizure memo exbt. ..... so far as the offence under section 354 ipc is concerned, intention to outrage the modesty of a woman or knowledge that the act of the accused would result in outraging her modesty is the gravamen of the offence. 40. ..... she may be an idiot, she may be under the spell of anaesthesia, she may be sleeping, she may be unable to appreciate the significance of the act; nevertheless, the offender is punishable under the section. ..... in his statement recorded under section 27 of the evidence act marked exhbt. ..... (amendment act) 2005 that was brought into force with effect from 23-06-2006. 24. ..... ) the accused is sangay and thereafter the victim gesticulated with her fingers of both hands that the accused had fondled her body and committed the sexual act on her. .....

Shri Adup Tshering Bhutia, Inspector of Police Vs. the State of Sikkim ...

Court : Sikkim

..... police and sikkim armed police were different and distinct services and were established under different enactments, namely, the sikkim police act, 1969 and their service conditions were governed and regulated by the sikkim state police service (recruitment) rules, 1976; the sikkim vigilance police act, 1978 and service conditions of its members were regulated by the sikkim vigilance police (recruitment, seniority and promotion) rules, 1981; ..... and the sikkim armed police force act, 1981 and service conditions of its members were regulated by the sikkim armed police force (recruitment, promotion and other ..... of andhra pradesh and others, 2010 (6) scc 545, it has been held that seniority of a government servant is not a vested right and that an act of the state legislature or a rule made under article 309 of the constitution can retrospectively affect the seniority of a government servant. ..... in the year 1978, the state enacted another act, namely, sikkim vigilance police act, 1978 creating a separate wing of the police, namely, sikkim vigilance ..... the state government, however, in its wisdom without acting upon such recommendation, constituted another high level committee in november, 2002 headed by .....

Shri Man Bahadur Subba Vs. State of Sikkim

Court : Sikkim

..... disclosure statement, namely, that the appellant was ready to show the place where he had concealed the clothes of the deceased is clearly admissible under section 27 of the evidence act because the same relates distinctly to the discovery of the clothes of the deceased from that very place. ..... since the accused was not in custody when the alleged disclosure statement was made, section 27 of the evidence act is not attracted and so called disclosure statement is not admissible in law nor it can be relied upon ..... emperor : air 1947 privy council 67 while interpreting the provisions of section 27 of the evidence act, their lordships of the privy council observed as under: - [10] section 27, which is not artistically worded, provides an exception to the prohibition imposed by the preceding section, and enables certain statements made by a person ..... scabbard and iron rod has been made in accordance with mandate of section 27 of the evidence act and accused was in a fit statement of mind at the time he made disclosure statement. 9. ..... statement purported to be made as a dying declaration, where the maker thereof survives, it has been held that though such a statement is not admissible under section 32 of the indian evidence act, 1872 but is a statement in terms of section 164 of the code of cr.p.c. ..... law that facts discovered as a consequence of information received from accused in police custody are relevant and admissible under section 27 of the evidence act and not only discovery of the object. .....

Prashant Kumar Goyal Vs. Sogra Khatoon and Others

Court : Sikkim

..... chandravati, air 1995 orissa 131, a division bench of this court held that even though under section 73 of the evidence act a court is competent to compare the disputed writing of a person with other writing which are admitted or proved, such comparison by the court is with a view to appreciate properly other ..... the apex court has laid down that though it is the province of the expert to act as judge or jury after a scientific comparison of the disputed signatures with admitted signatures the caution administered by this court is to be adopted in such situations could not have been ignored unmindful of the serious ..... in this regard, it is worthwhile to have a glance at section 73 of the evidence act, which provides as follows: "comparison of signature, writing or seal with others admitted or proved in order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any ..... we may state here that under section 73 of the evidence act, a court is competent to compare the disputed writings of a person with other writings which are admitted or ..... in my view the trial court has acted with material irregularity in exercise of its jurisdiction and such irregularity is likely to occasion a failure of justice and cause ..... section 73 of the evidence act authorizes the court of compare such handwriting in order to come to its own conclusion, but it is always safe for the court to take the aid of handwriting expert who were equipped and .....

Gulshan Rai Nagpal Vs. State of Sikkim

Court : Sikkim

..... in exercise of supervisory jurisdiction the high court may not only give suitable directions so as to guide the subordinate court as to the manner in which it would act or proceed thereafter or afresh, the high court may in appropriate cases itself make an order in supersession or substitution of the order of the subordinate court as the court should have made in the facts and circumstances of the case." (8. ..... was convicted and sentenced under sections 420/468/471/ 34, ipc, the trial court erroneously recorded conviction against the petitioner also which as per the petitioner was an erroneous exercise of jurisdiction and amounted to acting in flagrant disregard of the laws and the rules of procedure and violation of the principles of natural justice resulting in failure of justice. ..... in the present case, we no doubt find that the accused persons have been charged with the same offences but, from the materials on record we find that those offences relate to the distinct acts of the accused persons thereby making them individually liable although section 34 has also been included as the criminal acts were alleged to have been committed in furtherance of the intentions of the accused person. ..... while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the suborinate courts but cannot substitute its own decision in place thereof. .....

Kharga Bahadur Gurung and Others Vs. Nirmal Gurung

Court : Sikkim

..... 1, respondent-plaintiff herein, or any other person claiming or acting under him, from disturbing the possession of the appellants and many other reliefs. ..... the court-fees act, 1870 and the suit valuation act, 1887 have not been extended to the state of sikkim till now and here the matter of payment of court-fee is governed by the sikkim court fees and stamps on documents rules, 1928, which is protected by article ..... as per article 65 of the indian limitation act, 1963, a suit for possession of an immovable property or any interest therein based on title, as in the instant suit, has to be filed within a period of 12 (twelve) years and the limitation shall begin to run from the date when ..... thus, reliance cannot be placed on the provisions of the court-fees act, 1870 or the suit valuation act, 1887. ..... the above proposition was laid down while dealing with article 58 of the limitation act, 1963. 9. .....

State of Sikkim Vs. Amit Darjee (Darnal)

Court : Sikkim

..... this appeal is directed against the judgment of acquittal dated 30.09.2014 passed by the special judge under protection of children from sexual offences act, 2012, east sikkim at gangtokin st (pocso) case no. ..... not proved beyond all reasonable doubts that the victim (pw-2) was abducted and subjected to penetrative intercourse by the respondent making him liable for punishment either under section 363 ipc or section 3/4 of the pocso act, 2012. ..... amit darjee (darnal) the impugned judgment, the respondent has been acquitted of the charges framed under section 363 ipc and section 3 (a) read with section 4 of the pocso act, 2012. 2. ..... to produce a certified true copy of exhibit 2 and exhibit 2, attestation of which was doubtful, cannot be held as admissible for proof of contents thereof and no presumption can be drawn from such document under section 79 of the indian evidence act. 12. .....

Urgen Sherpa Vs. State of Sikkim

Court : Sikkim

Reported in : 1985CriLJ1988

..... 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 the appellant's wife. ..... this proves beyond reasonable doubt that the act of burning, by which the death was caused, was done with the intention of causing her death or at least the appellant knew that the act was so imminently dangerous that it must in all probability have caused the death or such bodily injuries, as were likely to cause the death. ..... he further observed that from the facts and circumstances of the case, it could be safely said that the accused had done the act with the knowledge that it was likely to cause death. ..... by making 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 manner. .....