Judgment Search Results Home > Cases Phrase: expenditure tax act 1987 Court: sikkim Page 2 of about 26 results (0.030 seconds)

Nar Bahadur Khatiwada Vs. State of Sikkim and ors.

Court : Sikkim

Reported in : AIR2004Sik41

..... in the circumstances, we have no hesitation to hold that in the publication of the impugned notification in the sikkim herald there has been substantial compliance of the requirement of section 4(1) of the act.it may be stated that the whole, pyrpose of publication of the notification in the newspapers is to acquaint 'persons interested' with the fact that the land in question is likely to be acquired for public purpose and to give them ..... durga pada mukherjee, air 1980 sc 1678 the supreme court held as follows (para 5) :--'a declaration made under section 6 of the act and published in the official gazette shall be conclusive evidence that the land is needed for a public purpose and that to this rule there was only one exception, namely, that the declaration could be ..... board of works, air 1929 pc 181 has held as follows :--'it is always unsatisfactory and generally unsafe to seek the meaning of words used in an act in the definition clauses of another statute dealing with matter more or less cognate, even when enacted by the same legislature. ..... site is one of the few sites which is suitably located, of adequate size, flat and not requiring much development which in turn will save a huge expenditure from the public exchequer for such development. ..... (s) dated 3-3-1987 of the state government in the land revenue department (published in the gazette dated 5-3-1987) at annexure a1 made under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as the act) and the .....

M. Chandran Vs. Tashi Namgyal Academy Board and anr.

Court : Sikkim

Reported in : AIR2005Sik2

..... as a necessary corollary the correctness of the finding recorded by the learned trial judge that the suit is governed by the residuary article 113 of the limitation act, 1963 (in brief the act) and it is barred by limitation has to be examined.learned counsel for respondents submitted that either article 75 or 78 would govern the case for which a period of one year has been prescribed and not the ..... who was responsible and, therefore, the period of limitation began to run only from that date and the suit have been filed on 9th june, 1987 within a period of three years, the same is within the time.article 75 prescribes a period of one year in respect of suit for compensation ..... breach of contract was made by the authorities of the dbms school on 9th may, 1984 when the cancellation order was communicated to the appellant and the suit having been filed on 9th june, 1987, it is out of time.the entire burden of the appellant's case is that his appointment as vice principal of dbms school was cancelled because respondent no. ..... discuss this aspect also firstly because in the explanatory note (exhibit d-l) mention was made with regard to the marital status of the appellant and his past services under the income-tax department and their effect on the institution and there is no mention with regard to the appellant's performance as an employee in the t.n.a. ..... in his evidence stated that it does not indicate that the dbms school acted on the basis of any reference made by him in the capacity of .....

A.K. JaIn and anr. Vs. State of Sikkim and anr.

Court : Sikkim

Reported in : 1992CriLJ843

..... per the allegations in the complaint, the applicants are responsible for editing, printing or publishing of the offending item, not because of something actually having been done by them in respect of any of these acts, but because of being prominent members of the board of directors of the company, owning the newspaper, and so being concerned with the formulations of the guidelines and the policies of the paper and being in charge ..... 839) this court allowed the revision, holding that neither the complaint disclosed any facts, nor was there any evidence nor any presumption under the press and registration of books act, 1867 (hereinafter referred as the press act) so as to make out a prima facie case against the applicants for making, editing, printing or publishing the offending news item and so the issue of process ..... 2 filed written arguments and sought to rely on the following decisions: (a) 1986 cri lj 1987 (bombay); (b) air 1982 sc 784 (2) ; (1982 cri lj 629 (2)); (c) air 1976 sc 1947 : (1976 cri lj 1533) and (d) air 1960 sc 866 ..... in the writ petitions which arose as a result of the searches made by the income-tax department to which the offending news item relates and, therefore, it would be embarrassing for ..... with the heading 'dalmia samooh ki kar chori pakari gayi', which purported to expose the laundering of black money into white giving details about the searches made by the income tax department at the houses and offices numbering about 70 of the companies connected with m/s. .....

Nar Bahadur Bhandari Etc. Vs. State, Etc.

Court : Sikkim

Reported in : 2003CriLJ2799

..... taken by the court, of the offence of criminal conspiracy;(ii) the offences which were allegedly committed by the accused persons were committed prior to the coming into force of the prevention of corruption act, 1988 and as such, the accused persons could not be charged with the offence punishable under section 13(2) read with section 13(1)(d) of the p.c. ..... cannot often be proved by direct evidence and it often happens that participation in overt acts in pursuance of the alleged agreement provides good grounds for the inference of participation in the ..... of investigation was constituted under section 2 of the delhi special police establishment act, 1946 for the investigation in any union territory of the offences notified under ..... krishan lal pradhan, 1987 scc (cri) 270 : (1987 cri lj 709) that it is wrong to think that every one of the conspirators must have taken active part in the commission of each and every one of the conspiratorial acts and only then the offence of ..... help to the petitioners, since it clearly lays down that even if the authority concerned is not bound to accept the lowest rates, it has to act in a reasonable manner according to the norms laid down by the authority.15. ..... -- where this court, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not--(a) revive anything not in force or existing at the time at which the repeal .....

Advocate General of Sikkim Vs. Ashok Kumar Subba

Court : Sikkim

Reported in : 1994CriLJ3555

..... no dispute that if the orders passed on 16-6-92 in both the cases are to be construed as initiating contempt proceedings, the proceedings were initiated within one year as stipulated under section 20 of the act, but if not, the proceedings were not initiated within that period, and so in that event, proceedings cannot be initiated now as the condition precedent to the exercise of the jurisdiction for contempt would ..... satisfied that a prima facie case has been made out for issue of notice, shall direct issue of notice to the contemner either to show cause why proceeding under the contempt of courts act, 1971 may not be initiated against him or to show cause why the contemner may not be suitably punished, and when no prima facie case is found, the petition shall be dismissed. ..... ' further, it was pointed out that a 'procedural rule ordinarily should not be construed as mandatory, if the defect in the act done in pursuance of it can be cured by permitting appropriate rectification to be carried out at a subsequent stage unless by according such permission to rectify the error later ..... accordance with rule 183, of the sikkim high court (practice and procedure) rules, 1991 to the respondents 'to show cause', either in person or through counsel as to why proceedings under the contempt of courts act, 1971 shall not be initiated against' them and the cases were directed to be listed for orders on 24-7-1992.4. ..... . ram auta rgautam, 1987 cri lj 647, notice issued required the contemner to show cause .....

Superintendent of Police, C.B.i., Spe/Acu (Vi) Vs. Sonam Wangdi

Court : Sikkim

Reported in : 2004CriLJ4349

..... air 1958 sc 107 : (1958 cri lj 254) wherein it was held as follows :--'in our opinion, in giving effect to the ordinary meaning of the words used in section 6 of the act, the conclusion is inevitable that at the time a court is asked to take cognizance not only the offence must have been committed by a public servant but the person accused is still a public ..... of the respondent for the offence punishable under section 13(2) read with section 13(1)(e) of the prevention of corruption act, 1988 basing on the sanction given by the central government under section 19(1) of the said act has been invalidated by the learned special judge, gangtok in his order dated 19th august, 2003 in criminal ..... state of gujarat, 1997 cri lj 4059 : (1997 cri lj 4059) that sub-section (2) of section 6 of the 1947 act (corresponding to section 19(2) of the act) is clarificatory in nature inasmuch as it provides that if any doubt arises whether the sanction is to be given by the central government or the state government or any other authority, it shall be given by the appropriate ..... charge-sheet was filed against the respondent under section 13(2) read with 13(1)(e) of the prevention of corruption act, 1988 (hereinafter referred to as the 'act') in the court of learned special judge on 2nd december, 2002 on the allegation that he while working as public servant in different capacities under the government of sikkim during the period from 1st ..... , his assets, income and expenditure are found to be as ..... expenditure .....

Chewang Pintso Bhutia, East Sikkim and Another Vs. State of Sikkim thr ...

Court : Sikkim

..... were in the breach of the public trust and the statutory orders and notifications, is clearly established by the fact that to a question put in the prescribed format while seeking information under the right to information act, 2005, demanding for copies of the revised report of eia and emp of 97 mw tashiding hep by the respondent no.5 and observations of the expert appraisal committee in its 37th meeting under the eia notification ..... union and state which was never communicated to the respondent no.4, it was issued only in the context of diversion of forest lands for non-forest purposes under the forest (conservation) act, 1980 and that although the letter states that projects falling within 10 kms from the boundary were being granted environmental clearances with a condition to obtain recommendations of the nbwl, there ..... the high power committee to the project dated november, 2011, reveals that no major construction work had commenced till then and that the expenditure had been incurred mainly on the payment of land compensation, both private and forest lands, which was only to the tune of ..... these is a report submitted by a committee constituted vide notification no.54(7) home/87/767 dated 28-04-1987 to identify security of important historical monuments and religious places of worship of sikkim (annexure ..... the hon ble supreme court observed in bijoe emmanuel s case reported in air 1987 supreme court 748 our tradition teaches tolerance; our values preaches tolerance; our .....

Karma Hozer Rabten Vs. Union of India, Represented by the Secretary, M ...

Court : Sikkim

..... the instant matter, the caveat, as contended by the respondents is the provision in the passport manual, 2010, which requires persons born to tibetan refugees to submit an application individually under section 9(2) of the act to the ministry of home affairs pursuant to which the nationality status of all such children born to tibetan refugees in india will be determined by the ministry of home affairs as per prescribed procedure available ..... for the respondents no.1 to 3 while agreeing with the submissions of the learned counsel for the petitioner, pertaining to the provisions of section 3(1)(a) and (b) of the act, pointed out that the only hurdle in obtaining a passport by the petitioner is the terms set out in the passport manual, 2010, as already dealt with in the ..... -section (2), every person born in india, (a) on or after the 26th day of january, 1950, but before the 1st day of july, 1987; (b) on or after the 1st day of july, 1987, but before the commencement of the citizenship (amendment) act, 2003 and either of whose parents is a citizen of india the time of his birth; 12. ..... all such persons will have to submit an application individually u/s 9(2) of the citizenship act, 1955 to mha and thereafter the nationality status of all such children born to tibetan refugees in india, will be determined by mha as per prescribed procedure ..... aadhaar card issued by the government of india and has a permanent account number (pan) issued by the income tax department, government of india. .....

State of Sikkim Vs. the Jammu and Kashmir Bank Ltd.

Court : Sikkim

Reported in : AIR2005Sik12; [2006]132CompCas514(NULL)

..... we cannot completely ignore the fact that the initial preparations to float and publicise the scheme of lotteries in question involving considerable expenditure did not bring to them the expected returns, on account of the premature termination of the agency agreement and the encashment and appropriation of the bank guarantees. ..... dated 5-2-1991, and after having been satisfied with the aforesaid documents, acted upon the same and issued the bank guarantee no. .....

Mani Kumar Thapa Vs. State of Sikkim

Court : Sikkim

Reported in : 2002CriLJ876

..... reached in a given case, the incriminating facts from which such an inference is to be drawn should be held to be firmly established, they should only and wholly warrant the inference that more than one accused person acted in furtherance of common intention, of all; they must be wholly incompatible with the contrary inference, and incapable of being explained on any other reasonable hypothesis. 23. mr. ..... in a case like that, each would be individually liable for whatever injury he caused but none could be vicariously convicted for the act of any of the others, and if the prosecution cannot prove that his separate blow was a fatal one he cannot be convicted of the murder however clearly an intention to kill could be proved in ..... in a case like that, each would be individually liable for whatever injury he caused but none could be vicariously convicted for the act of any of the others, and if the prosecution cannot prove that his separate blow was a fatal one he cannot be convicted of the murder however clearly an intention to kill could be proved in his case air 1925 pc 1 ..... bihar reported in air 1999 sc 3830 : 2000 cri lj 12, wherein the supreme court held (at page 15 of cri lj) :the common intention implies acting in concert, existence of a pre-arranged plan which is to be proved either from conduct or from circumstances or from any incriminating facts. ..... 1, stated that on 13th december 1987 she and her husband had gone to nepal to the place of their in-laws and came back on 9th .....