Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 17 of about 170 results (0.020 seconds)

The Branch Manager, National Insurance Company Limited Vs. Nimai Chand ...

Court : Sikkim

..... scale as envisaged in susamma thomasmultiplier scale as adopted by trilok chandramultiplier scale in trilok chandra as clarified in charliemultiplier specified in second column in the table in second schedule to the mv actmultiplier actually used in second schedule to the mv act (as seen from the quantum of compensation)(1)(2)(3)(4)(5)(6)up to 15 yrs---152015 to 20 yrs161818161921 to 25 yrs151718171826 to 30 yrs141617181731 to 35 yrs131516171636 to 40 yrs121415161541 to 45 yrs111314151446 to 50 yrs101213131251 to 55 yrs91111111056 to 60 yrs810098861 to 65 yrs6080756above 65 yrs5050555 (iii) thereafter, it ..... comparing the multiplier indicated in susamma thomas (supra), trilok chandra (supra) and charlie (supra) for claims under section 166 of the act of 1988, with the multiplier mentioned in the second schedule for claims under section 163a of the act of 1988 (with appropriate deceleration after 50 years) and noted the table worked out in that case which is reproduced below for convenience:- ..... this appeal has been preferred under section 173 of the motor vehicles act, 1988 (for short "the act of 1988") to assail the judgment of the motor accidents claims tribunal, east sikkim at gangtok (for short the "claims tribunal") dated 29-05-2014 in ..... case of sarla verma (supra), it was held that in all cases of death where application has been made under section 166 of the act of 1988 the multiplier as indicated in column (4) in the table of sarla verma (supra) should be followed. .....

Norbu Tshering Bhutia Vs. M/s. Calcutta Hardware Stores through its Pr ...

Court : Sikkim

..... was incorporated in the union of india as a component state with effect from 26th april, 1975, by and under the constitution (thirty-sixth amendment) act, 1975, the principal civil court of original jurisdiction has been designated as the court of the district judge. ..... rest of the areas in the state, it is notification no.6326-600/h dated 14.04.1949 having similar provisions as the gangtok rent control and eviction act, 1956, that holds sway with the chief court also as the adjudicating authority. ..... the court of the chief magistrate, as specified in the gangtok rent control and eviction act, 1956, was not a special court or tribunal but was the principal civil (as well as criminal) court of ..... may be considered from another angle of vision and for that purpose, let us assume that the court of the chief magistrate as mentioned in the gangtok rent control and eviction act, 1956, was a special or exclusive tribunal, and not an ordinary court of the land. ..... as would appear from section 4 of the gangtok rent control and eviction act, 1956, suit for ejectment is required to be filed in the court of the ..... in sikkim, this field is covered by gangtok rent control and eviction act, 1956, sections 4, 5 and 12 of which sets out the circumstances under which a landlord may ..... the gangtok rent control and eviction act, 1956, which would govern the area where the suit premises is situated, prescribes, inter alia, the grounds of ejectment of tenants but the procedure applicable would be the code of civil .....

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. .....

State of Sikkim Vs. Jigmee Dorjee Bhutia

Court : Sikkim

Reported in : 2010CriLJ1121

..... this miscellaneous case seeking leave to appeal, according to the learned public prosecutor, basically on the following grounds;(i) the learned trial court erred in law in holding that there was non-compliance of section 50 of the ndps act, 1985 as the search was conducted in the presence of a magistrate when the accused/respondent had opted to be searched in the presence of the gazetted officer;(ii) the learned special judge failed to appreciate the fact of recovery of ..... firstly, the arrest and registration of the police case against the respondent was made prior to the recovery of the alleged contraband articles from the possession of the respondent and secondly, section 50 of the act was not complied with as because, on the basis of records, the respondent's choice of being searched by a gazetted officer was not considered rather he was searched in presence of a magistrate. ..... the factual matrix of the case in brief is that the respondent was arrested on 06.09.2005 under section 22(a)/27 of the act on suspicion of being in possession of some contraband drugs in the black coloured bag which he was allegedly carrying at the relevant ..... now coming to the question of noncompliance of the provision of the law laid down under section 50 of the act in the instant case, it is found that when the police informed the respondent about his right to be searched either of his person or his baggage in presence of a gazetted office or a magistrate, the respondent opted for being searched by .....

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. .....

Union of India (Uoi) Vs. Sagarmull Agarwal

Court : Sikkim

Reported in : AIR2007Sik33

..... the union of india represented by the garrison engineer, new cantonment, gangtok has filed this appeal under section 39 of the arbitration act, 1940 challenging the order dated 17-9-03 passed by the learned district judge (east and north) sikkim at gangtok in civil misc. ..... this direction of the arbitrator for payment of interest from the date of decree is without jurisdiction because it is the court and court alone under section 29 of the act which has jurisdiction to grant interest from the date of the decree. ..... though the appellant's application was labelled to be one under section 33 of the act the prayer made therein was to set aside the award. ..... to him, the appellant filed application under section 33 of the act out of which the impugned order of the district judge arises which is not appealable under section 39 of the act.i do not find any merit in this objection. ..... of 9% per annum for the period covering the date of the award till 12-1-2003 (13-1-2003 is the day when the respondent filed the application in the court of the district judge under section 17, of the act to make the award rule of the court). ..... appellant on the other hand filed application under section 33 of the act to set aside the award. ..... 1940 (hereinafter referred to as the act) praying the learned district judge to make the award rule of the court ..... under section 29 of the act, the court is competent to grant interest only from the date of the decree on the principal sum as adjudged by the award' and confirmed by the .....

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, Oriental Insurance Company Ltd., Vs. Bir Man Rai a ...

Court : Sikkim

..... of the grounds available to the insurer or any other person against whom the claim is made, on being satisfied of the two conditions specified in section 170 of the act of 1988, it is not permissible to the insurer to contest the claim on the grounds which are available to the insured or to a person against whom a claim has been made. ..... avail the grounds available to an insured or any other person against whom a claim has been made on being satisfied of the two conditions specified in section 170 of the act, it is not permissible to the insurer to contest the claim on the grounds which are available to the insured or to a person against whom a claim has been made. ..... for the aforesaid reasons, our answer to the question is that even if no appeal is preferred under section 173 of the 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as ..... to contest would also include the right to file an appeal is contrary to wellestablished law that creation of a right to appeal is an act which requires legislative authority and no court or tribunal can confer such right, it being one of limitation or extension of jurisdiction. ..... relevant to mention that learned counsel for appellant- insurance company fairly and frankly admitted that no application under section 170 of the act of 1988 was filed by the insurance company, seeking permission to contest the case on merit, before the tribunal. .....

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 .....