Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 16 of about 170 results (0.046 seconds)

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. .....

Madan Chettri Vs. State of Sikkim

Court : Sikkim

Reported in : 2002CriLJ3149

..... it has been submitted on behalf of the appellant that there is no evidence on record to prove that rape was committed by the appellant as the words 'indecent act' or 'hath path' have been used by the material witnesses which does not, accordingly to the learned counsel, amount to rape. ..... pw-16 is phulmaya chettri, the mother of sashikala, who deposed that she learnt about the appellant having committed 'indecent act' on her daughter sashikala from the villagers and also from sashikala when she was questioned by the panchayat in her ..... in the fir, shree bahadur basnett stated that the appellant had committed 'indecent act' on his daughter sashikala basnett and he had come to know the incident only one day ..... the words taken together could with the fact that her father used the word 'rape' in his examination-in-chief left no manner of doubt that the words, 'indecent act' and 'hath path' were understood by all the witnesses suggesting sexual intercourse. ..... deposed that she was alone in her house oh the date of the incident when the appellant entered her house and 'committed indecent act on me and he did the same forcibly and without my consent. ..... accused entered into my house and committed indecent act on me and he did the same forcibly and without my consent.as per ..... , read as a whole, evidence of this witness means that he used the expression 'indecent act' and 'hath path' as meaning rape. ..... counsel argued that neither 'hath path' nor 'indecent act' means the act of sexual intercourse. .....

Lok Bahadur Dahal Vs. State of Sikkim

Court : Sikkim

..... is not quite all right, or that the physical and mental ailments from which he suffered had rendered his intellect weak and had affected his emotions and will, or that he had committed certain unusual acts in the past, or that he was liable to recurring fits of insanity at short intervals, or that he was subject to getting epileptic fits but there was nothing abnormal in his behavior, or that his behavior was queer, cannot be sufficient ..... the section itself provides that the benefit is available only after it is proved that at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or that even if he did not know it, it was either wrong or contrary to law then this section must be applied. ..... a lucid interval of an insane person is not merely a cessation of the violent symptoms of the disorder, but a restoration of the faculties of the mind sufficiently to enable the person soundly to judge the act; but the expression does not necessarily mean complete or prefect restoration of the mental faculties to their original condition. ..... mayne summarises them as follows: whether there was deliberation and preparation for the act; whether it was done in a manner which showed a desire to concealment; whether after the crime, the offender showed consciousness of guilt and made efforts to avoid detections, whether after his arrest, he offered false excuses and .....

Ashok Kumar Raj Vs. Girmi Goparama (Sherpa)

Court : Sikkim

..... so, it is essential to note that the learned trial court appears to have proceeded on a wrong premise that the suit is one under the gangtok rent control and eviction act, 1956, when this act has application only to gangtok bazar as would have been fixed in terms of sub-section (iii) of section 1 thereunder. ..... (2005) 5 scc 375 while dealing with a case arising out of section 14(3) of the himachal pradesh urban rent control act, 1987, the substantive portion of which is similar to the one in the present case, it was held as under:- ..... the case of chordia automobiles (supra) in my view, is quite mis-placed since in that case section 10 of the tamil nadu buildings (lease and rent control) act, 1960 was under consideration where the proviso and the exception thereto read as under:- 5. ..... (e) the distinction between the gangtok rent control and eviction act, 1956 and the rules under the above notification of 1949 is that while the latter prescribes personal occupation of the landlords as one of the grounds for eviction of tenants, the gangtok rent control and eviction act, 1956 in section 4 stipulates bonafide occupation of the landlord or ..... others : air 1945 privy council 108, that it is contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so as that would amount to reframing the legislation. 9. ..... use and for occupation by himself as occurring in two other rent control acts, have come up for the consideration of this court in joginder pal v .....

State of Sikkim Vs. Rakesh Rai @ Vishal Rai @ Purna Rai and Another

Court : Sikkim

..... (iii) the disclosure statement, exhibit 10 of the respondent no.2, tenzing tamang, similarly cannot be accepted as one falling under section 27 of the evidence act, as the articles recovered as a consequence thereof were not in his possession and was only in his knowledge of the existence of those articles in the house of p.w.35, devi maya pradhan, apart from the fact that ..... having dealt with the scope and ambit of sections 302/300/34 ipc and sections 24, 25, 26 and 27 of the evidence act, the learned trial court thereafter appears to have examined the effect of the evidence in the light of those provisions. ..... as per him, although the learned sessions judge upheld the validity of statements under section 27 of the indian evidence act, 1872, of the various accused persons and the consequential recovery of the incriminating articles like the weapons of offence, but fell in error in not considering those as circumstances in the chain of circumstances appearing against ..... rai emphasised the unsustainability of the recoveries made on the basis of the statements under section 27 of the evidence act, made by the respondents and the delinquent accused roshan rai as their voluntariness in making them statements were clearly ..... further submitted that the disclosure statement exhibit 3 of respondent no.1, rakesh rai, would fall outside the purview of section 27 of the evidence act, as it was recorded on 23-12-2003, when he was not in custody of the police and was arrested only on 27-12-2003. .....

Durga Prasad Chettri Vs. State of Sikkim

Court : Sikkim

..... dated 23-12-2008, has stated that even though there was no eye-witness, he was satisfied with the prosecution has proved its case based on the extra judicial confession made under section 27 of the evidence act, 1872, namely the disclosure statement, pursuant to which, the material object, which was used for the crime, was recovered. ..... ) even though the accused had no intention to cause the death of the deceased, his act of causing six grave injuries on the body of the deceased, by using a sharp edged weapon, and he having the knowledge that such act of causing grave injuries to the deceased was likely to cause the death of the deceased, we are altering the charge framed against the accused under section 302,i.p.c. ..... ) however, we are satisfied that the accused did not have any intention to cause the death of the deceased, but was energized by the sudden provocation by the act of the deceased, who was the aggressor, as it was the deceased, who attacked the accused first. ..... pw 18, the investigating officer has deposed that the accused himself made a statement under section 27 of indian evidence act, 1872 disclosing where he had concealed the weapon of offence with which he inflicted injuries on the deceased. ..... we are, thus, unable to agree that the accused had acted in good faith for his right of private defence as he had exceeded the power given to him by law, even though, he did not have any premeditation to commit the murder of the deceased. (16. .....

Branch Manager, Oriental Insurance Co. Ltd., New Delhi and Another Vs. ...

Court : Sikkim

..... 147, 149 accident claim liability of insurer third party risk claimants travelling as gratuitous, passengers in jeep insurance policy issued was an act only policy covering risk of third party only in respect of a private vehicle offending jeep was let out on hire carrying gratuitous passengers in violation of terms and conditions of act only policy also there was no mention in policy for overage of any occupants of jeep no liability could be fastened on insurance company. 12. ..... the respondents/claimants in the present case later filed an application under section 166 of the motor vehicles act, 1988, for award of compensation for the death of the deceased. ..... , under section 173 of the motor vehicles act, 1988, assailing the judgment passed by the member, motor accident claims tribunal, east and north sikkim at gangtok in m.a.c.t. ..... reported in air 2010 (noc) 17 which is reproduced below:- motor vehicles act (59 of 1988, ss. .....

Zeegee Lachenpa Vs. State of Sikkim

Court : Sikkim

..... state of delhi (supra) the provisions of juvenile justice (care and protection of children) act, 2000, would also apply in full force even in the case of the appellant ..... to section 7a of the juvenile justice (care and protection of children) act, 2000 and submits that a claim of juvenility may be raised before any court and it shall be recognised at any stage, even after disposal of the case and that such claim shall be determined in accordance with the provisions contained in the act and the rules framed thereunder, even if the juvenile ceased to be so on or before the commencement of the act ..... . section 27 of the aforesaid act says that notwithstanding anything to the contrary in any law, no court shall sentence a child to imprisonment for life or to any ..... a claim of juvenility may be raised before any court and it shall be recognized at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this act and the rules made thereunder, even if the juvenile has ceased to be so on or before the date of commencement of this act.? 5 ..... state, that the appellant shall have the advantage of the provisions of section 19 of the juvenile justice (care and protection of children) act, 2000. 12 ..... , as would appear from the fir, the appellant would be a minor of just over 17 years, and, therefore, a juvenile in conflict with law as contemplated under section 2 (l) of the juvenile justice (care and protection of children) act, 2000 .....

M. Amratha Kumar Vs. State of Sikkim

Court : Sikkim

..... ralph, learned advocate, appearing on behalf of the appellant, essentially raised the following contentions: (i) the charge framed by the trial court was defective as being in conflict with section 13(1)(e) of the act of 1988; (ii) much of the assets which have been assumed as the assets of the appellant in fact were those of his wife which was also the case in respect of a number of bank accounts; (iii ..... accordingly filed against him in the court of the special judge, prevention of corruption act, 1988, east and north sikkim at gangtok and upon charge framed against him under sections 13(2) read with 13(1)(e) of the act of 1988 corresponding to section 5(2) read with section 5(1)(e) of the act of 1947 and read out, he pleaded not guilty and claimed trial. 6 ..... paisa sixty five) as against rs.44,53,336.65 (rupees forty four lakhs fifty three thousand three hundred thirty six and paisa sixty five) as found by the learned special judge, prevention of corruption act, 1988, east and north sikkim at gangtok vide impugned judgment dated 31-12-2012 in s.t. ( ..... (ii) the learned counsel submitted that the aforesaid charge is in conflict with section 13(1)(e) of the act of 1988 and the allegations in the charge-sheet and, therefore, contrary to and in conflict ..... however, this would hardly have any effect on the trial as section 13(1)(e) of the act of 1988 provides for possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his .....

Passang Lepcha Vs. State of Sikkim

Court : Sikkim

..... the will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting ..... underlining mine] (ix) following from the above, the facts and circumstances clearly reveal that had the victim girl not resisted and had the police not arrived on time the act of rape upon her by the appellant would have been fully consummated. ..... an attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent ..... as the injury is not as great as if the act had been committed, only half the punishment is awarded. ..... an attempt may be described to be an act done in part-execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive ..... intention to commit an offence, not followed by any act, cannot constitute an offence. ..... the moment he commences to do an act with the necessary intention, he commences his attempt to commit the ..... may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. ..... the act at its worst was an indecent assault on the victim falling within the ambit of section 354 ..... the attempt fails, the crime is not complete, but law punishes the person attempting the act. .....