Judgment Search Results Home > Cases Phrase: dominion act 1948 Court: sikkim Page 9 of about 170 results (0.029 seconds)

State of Sikkim Vs. M.K.O. Nair and anr.

Court : Sikkim

Reported in : 1986CriLJ415

..... leads me to the question whether in a trial governed by section 251 a, the court is bound to adjourn the case till all the witnesses have been examined, even if the prosecution had not acted diligently, and had failed to state as to what had happened to the summonses issued in pursuance of its request on the previous date that the prosecution would serve the summonses.8. ..... if for one reason or the other, the prosecution fails to produce such evidence before him, the only alternative left to the learned magistrate would be to act under sub-section (11) of that section, in cases where a charge has already been framed, and to make an order to the effect that he finds the accused not guilty as the prosecution has failed to produce any ..... it would also be relevant to mention that before amendment was made in the code by the amendment act of 1955, the provisions of section 252 were applicable even to a case instituted on a police ..... it was after the amendment was effected by the amendment act of 1955 that section 251a was introduced to govern the procedure in respect of warrant cases instituted on a police report the absence of the provision regarding issue of summonses in section 251a led the different high courts ..... thus the court would not have been acting beyond jurisdiction or contrary to law, if the request for adjournment were ..... a component state of the indian union by and under the constitution (thirty-sixth amendment) act, 1975, which inserted article 371f in the constitution. .....

Prem Kumar Rai Vs. State of Sikkim

Court : Sikkim

Reported in : 2004CriLJ4702

..... section 34, ipc requires a pre-arranged plan because before a person can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention of them all. .....

Bishnu Kumar Rai Vs. Minor Mahendra Bir Lama and ors.

Court : Sikkim

Reported in : AIR2005Sik33

..... or argument of the learned counsel for the appellant before the court below is that section 53-a of the transfer of property act would come to rescue his client which was also turned down by the court below, thus holding that defendant no. 1. ..... it, the learned counsel went on to contend that the provision of section 53-a of the transfer of property act has its application in the present transaction of the sale of the suit land, by the father (defendant ..... (f) for that the learned court below is wrong in its finding that section 53-a of the transfer of property act had no application in the transaction of sale of the suit land by the father of the plaintiffs to the appellant herein and apart from it, the learned court below ought to have held that the suit ..... according to us, such notifications cannot override the related statutory provisions of the transfer of property act, 1882, and apart from it, we do not see any reason for causing registration of the alleged money receipt dated nil, exhibit d-1 document as sale deed.it may be mentioned that ..... 1, the appellant herein is protected by section 53-a of the transfer of property act on the other hand and, further it was pleaded that no sale deed was executed as the land was purchased for construction of motorable road to be used by the people of the locality including ..... the view that this document exhibit d-1 does not amount to sale 'in terms of section 54 of the transfer of property act' and such document is not a registered instrument. .....

State of Sikkim Vs. Raju Chettri and anr.

Court : Sikkim

Reported in : AIR2008Sik13; 2008CriLJ3690

..... shanti misra reported in : [1976]2scr266 it has been held that discretion given by section 5 of the limitation act should not be defined or crystallised so as to convert a discretionary matter into a rigid rule of law. ..... this is an application filed by the state of sikkim under section 5 of the limitation act for condonation of delay in filing an appeal for enhancement of sentence under section 377 of the criminal procedure code (in short 'cr.p.c.').2. ..... thus it becomes plain that the expression 'sufficient cause' within the meaning of section 5 of the act or order 22. ..... , on the other hand, submitted that the explanation as given by the learned public prosecutor, even if accepted, explains the delay only in part and cannot be accepted as 'sufficient cause' within the meaning of section 5 of the limitation act.6. .....

All India Private Vehicle Owners Association Vs. Union of India (Uoi) ...

Court : Sikkim

Reported in : AIR2010Sik3

..... it is only when courts are apprised of gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complainants of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying the ..... selection process thereby causing prejudice to the public interest;iii) any other relief which this court may deem fit and proper as per the facts and circumstances of the case.and for such act of kindness the appellant as is duty bound shall ever pray.4. ..... selection of a competent contractor for assigning job of supply of a sophisticated article through an open-tender procedure, is not an act of creating monopoly, as is sought to be suggested on behalf of the petitioners. ..... the court has to act ruthlessly while dealing with imposters and busybodies or meddlesome interlopers impersonating as public-spirited holy men. ..... 900/- and hence it is an act of glaring discrimination and patent arbitrariness on the part of the state of sikkim. ..... they pretend to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.15. .....

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 .....

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. .....

State of Sikkim, Through the Secretary, Urban Development and Housing ...

Court : Sikkim

..... after granting approval by the central government under section 2 of the act of 1980, the land in dispute was handed over for the project on 21.01.2012, the actual construction in land in dispute ..... approval of the central government, as required under section 2 of the act of 1980 in respect of land in dispute, which is forest land, has been granted by the ministry ..... the approval granted by the central government under section 2 of the act of 1980 has not been challenged by the plaintiff/respondent no. ..... he submitted that due approval, as required under section 2 of the act of 1980, was required to be obtained from the ministry of environment and forest, government of india, which was obtained and, only thereafter, the project work was started in land in dispute in ..... after grant of approval under section 2 of the act of 1980 by the central government, the land in dispute was also handed over by the concerned department on 21.01.2012 to the appellants and thereafter the construction in land ..... a proposal to government of india for grant of approval under section 2 of the act of 1980 in respect of land falling in forest area. ..... by the appellants before the central government for grant of approval under section 2 of the forest conservation act, 1980 (for short, the act of 1980?). ..... on 23.09.2011, subject to fulfillment of certain conditions, which were fulfilled by appellants, and thereafter, a final approval was granted by central government under section 2 of the act of 1980 on 09.01.2012. .....

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. .....

Passang Tamang @ Lailas Vs. State of Sikkim

Court : Sikkim

..... the testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ..... , p.w.11, having found sufficient evidence to make out a case against the appellant under sections 376/506 ipc read with section 14 of the foreigners act, 1946 and notification no.848, charge-sheet was accordingly filed for his trial in accordance with law. ..... if the court keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the evidence act similar to illustration (b) to section 114 which requires it to look for corroboration. ..... she is undoubtedly a competent witness under section 118 of the evidence act and her evidence must receive the same weight as is attached to an injured in cases of physical violence. ..... the evidence act, 1872(hereinafter called the evidence act ), nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. ..... by the police, it was admitted by the learned counsel for the appellant that the prosecutrix was not confronted with her former statement during her examination as required under section 157 of the indian evidence act, 1872. .....