Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 8 of about 170 results (0.020 seconds)

Nima Tshering Bhutia and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 1981CriLJ1391

..... convicted is itself not in force or operation, then the conviction will amount to a violation of article 20 of the constitution whereunder 'no person shall be convicted of any offence except for violation of law in force at the time of the commission of the act charged as offence'' and 'that even a court sitting in appeal from a conviction on a plea of guilty cannot remain a silent spectator to such an infraction of the constitution.'6. mr. moulik has firstly urged that the additional sessions judge, ..... . 1898, applies to sikkim subject to some exceptions and modifications as noted in the schedule to the sikkim criminal procedure act, 1976 and that it would appear therefrom that chapter xviii of the code providing for committal inquiry-and chapter xxiii of the code providing for the procedure for trials before the high court ..... in fact, in rai kumar rai's case 1979 cri lj 310 (sikkim) in an appeal from a conviction on a plea of quilty this court did not hesitate to go into the question as to whether the arms act, 1959, was validly extended to and operative in sikkim, it was observed in that case (at p. ..... 312) that 'if the arms act, 1959, is not validly operative in sikkim, the admission of guilt in this case shall not amount to any admission or plea of guilt within the meaning of section 412, code of criminal procedure to bar an appeal challenging the legality of .....

Om Prakash Bajoria Vs. Public Prosecutor and ors.

Court : Sikkim

Reported in : 1987CriLJ1234

..... and in addition four respondents namely gyalpo tsering tamang, arun rai, lakpa bhutia and samdup bhutia were charged under section 5(l)(d), prevention of the corruption act. ..... and under section 5(1) (d) and section 4(2), prevention of corruption act. .....

Rocky Benediek and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 2003CriLJ3309

..... accused-persons in beating the victim girl to death was recovered from the house of these two accused persons/petitioners on the basis of the statement of the accused rocky benediek under section 27 of the indian evidence act. .....

Shri Lal Bahadur Chhetri Vs. the State of Sikkim

Court : Sikkim

Reported in : AIR2004Sik1

..... the requirements of natural justice must depend on the facts and circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter to be dealt with and so forth. ..... and further contended that there is no valid allotment order of the property in question to and in favour of the writ petitioner in terms of the provisions of the sikkim allotment of house sites and construction of building (regulation and control) act, 1985. ..... moreover, it is in complete violation of the mandatory provision of the sikkim allotment of house sites and construction of building (regulation and control) act. .....

State of Sikkim Vs. Thukchuk Lachungpa

Court : Sikkim

..... respondent no.1 was charged under section 109/ 114/147/148/149/302 ipc read with section 25 of the arms act, 1959 when sections 143/ 148/149/302 ipc were slapped against respondent no.2 . ..... (iv) where a dying declaration is suspicious, it should not be acted upon without corroborative evidence. ..... (i) there is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. ..... , air 1988 sc 912 : 1988 cri lj 936 (x) where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon. .....

State of Sikkim Vs. Tempa Lendup Lachenpa

Court : Sikkim

..... respondent had inflicted the above injuries of the victim by using his pistol, whose period of license had expired, therefore, he was liable for punishment under the aforementioned sections of the ipc and the arms act.3.7 the case of the prosecution was based on eye witnesses account of penjore dorjee (pw3), jigmi dorjee bhutia (pw2), ngangom winnison (pw4) and kunchok choppel tonyot (pw5) and supporting evidence of loday tshering lepcha ..... by the impugned judgment, the respondent has been acquitted of the charges framed under sections 307 and 323 ipc and section 25(1-b)(a) of the arms act, 1959.3. .....

Karma Denka Bhutia and anr. Vs. Sarki Lamu and anr.

Court : Sikkim

Reported in : AIR2005Sik1

..... section 52 of the transfer of property act, 1882 prohibits transfer or otherwise dealing with suit property during the pendency of the suit so as to affect the rights of any party. .....

Shekhar Roy Vs. The State of Sikkim

Court : Sikkim

..... state of rajasthan : air 1952 sc 54 this court examined the provisions of section 5 of the oaths act, 1873 and section 118 of the evidence act, 1872 and held that (air p.55, para 7) every witness is competent to depose unless the court considers that he is prevented from understanding the question put to him, or from giving rational answers by reason of tender age, extreme .....

State of Sikkim Vs. Rewas Gurung, West Sikkim and Others

Court : Sikkim

..... 06 of 2013 vide judgment dated 29th august, 2013, sitting alone, whereas as per proviso to section 5 (3) of the juvenile justice (care and protection of children) act, 2000 (for short, the act of 2000 ), any matter of juvenile justice board has to be decided finally by at least two members of the board including the principal magistrate. ..... they further submitted that although the judgment of the principal magistrate is contrary to proviso to section 5(3) of the act of 2000, but so far as evidence recorded by the principal magistrate is concerned, the same may be taken into consideration and the case be heard finally without fixing the case for recording the evidence again in the ..... so far as recording of evidence and other proceedings are concerned, the same can be done by a member of board as there appears to be no bar in this regard in the act or rules. 7. ..... she has further mentioned that the said judgment is contrary to proviso of section 5(3) of the act of 2000. .....

Chandra Bahadur Tamang Vs. Sundermaya Tamang

Court : Sikkim

Reported in : 1983CriLJ323

..... 608-609 of cri lj) that since the uttar pradesh private forests act, 1948 mentions only the courts of magistrates of the second class and of the third class as the courts which could try offence under section 15 of the act, the magistrates of the first class could not try such offence 'even though the powers of those courts may be superior to those of magistrates of the second and third class' and the ..... bal karan kaur 1972 cri lj 93 also referred to the provisions of article 123 of the limitation act in construing the relevant provisions of the proviso to section 488 (6) of the code of criminal procedure and held that if the husband did not appear in spite of the service, limitation would run from ..... the law of limitation in force in sikkim, like the indian limitation act, 1908 (now repealed and replaced by the limitation act of 1063), does not prescribe any period of limitation for any revisional application ..... for example, under article 123 of the limitation act, 1963, the period of limitation for an application to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte is to be counted from the date of the decree, but if the summons or notice ..... may be noted that neither the act of 1908 nor the act of 1963 is extended to or ..... under the civil courts acts operating in the different states, the court of the district judge has the inherent jurisdiction to entertain all civil suits in the district and, therefore, though under section 15 of the code of civil .....