Court : Sikkim
Reported in : 2003CriLJ2799
ripusudan dayal, c.j.1. all these criminal revisions have been filed to challenge the order dated 15-11-2002 by the learned special judge, p. c. act, sikkim at gangtok in criminal case no. 8/1997 ordering the framing of charge against the petitioners.2. rc-8/84-ciu-(a) was registered by sp/cbi ciu-(a), new delhi on 7-8-1984 at 1610 hrs. against shri nar bahadur bhandari, former chief minister of sikkim, shri p.k. pradhan, the then secretary rural development department, government of sikkim, gangtok, m/s. kumar traders, jorethang, sikkim and others under section 120b, ipc read with section 5(2) read with section 5(1)(d) of the prevention of corruption act, 1947. the investigation resulted in the filing of the charge-sheet on 14-9-1994 by shri g. verma, dry. sp/cbi/spe/ acu(v)/new delhi against 17 accused persons. two of them namely, accused no. 3 h.p. karki and accused no. 16 shri n. p. bhandari died before the impugned order of charge was passed by the learned trial court and so, the proceedings were dropped against them. against the remaining 15 accused persons, order of charge was passed by the learned special judge by the impugned order. eight of them have filed these petitions.3. prosecution case, in brief, is that the government of sikkim during the year 1983-84 took a decision to implement 36 rural water supply schemes in the state of sikkim under the minimum needs programme at a cost of rs. 1,62,31,630/-, through a cabinet decision dated 24-11-1983. in the said .....
Tag this Judgment!Court : Sikkim
Reported in : 2005CriLJ786
ripusudan dayal, c.j.1. this appeal is directed against the judgment dated 18-8-2001 by the learned sessions judge, east and north sikkim rendered in criminal case no. 4 of 1998 whereby the appellant dil bahadur tamang was convicted under sections 302 and 449 of the indian penal code and the order dated 3-9-2001 whereby he was sentenced to rigorous imprisonment for life and a fine of rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for six months for the offence under section 302 of the indian penal code and also to undergo rigorous imprisonment for a period of four years with a fine of rs. 1,000/- and in default of payment of fine to undergo further rigorous imprisonment for two months under section 449 of the indian penal code. both the sentences were directed to run concurrently.2. the deceased a. k. shrestha was at the time of the occurrence posted as director, fire services and was in the rank of deputy inspector general in the sikklm police. the appellant was posted as driver under the deceased and was under suspension at that time. the prosecution case, in brief, is that on 8-9-1996 in the morning at about 11 a.m., the appellant committed house trespass by entering into the house of the deceased a. k. shrestha at development area, gangtok in order to commit his murder and stabbed the deceased in the abdomen, which resulted in his death at the hospital and he thereby committed the offences under sections 302 and 449 of the indian .....
Tag this Judgment!Court : Sikkim
Reported in : 2002CriLJ876
..... as their lordships say in the latter case, 'the partition which divides their bounds is often very thin : nevertheless, the distinction is real and substantial, and if overlooked will result in miscarriage of justice. ..... as their lordships say in the latter case, 'the partition which divides their bonds is often very thin : nevertheless, the distinction is real and substantial, and if overlooked will result in miscarriage of justice. .....
Tag this Judgment!Court : Sikkim
Reported in : 2001CriLJ3003
..... and this has resulted in grave miscarriage of justice requiring fresh consideration by the learned trial judge.15. ..... same when the evidence has already been appreciated by the magistrate as well as the sessions judge in appeal, unless any glaring feature is brought to the notice of the high court which would otherwise tantamount to gross miscarriage of justice.9. ..... in other words, the jurisdiction is one of supervisory jurisdiction exercised by the high court for correcting miscarriage of justice. ..... recognised rules of criminal jurisprudence and that its subordinate courts to not exceed the jurisdiction or abuse the power vested in them under the code or to prevent abuse of the process of the inferior criminal courts or to prevent miscarriage of justice.8. ..... that normally the jurisdiction of the high court under section 439 is to be exercised only in exceptional cases when there is a glaring defect in the procedure or there is a manifest error on a point of law which has consequently resulted in flagrant miscarriage of justice. ..... lj 577 observed that the jurisdiction under section 439, is normally to be exercised only in exceptional cases, when there is a glaring defect in the procedure or there is a manifest error of point of law and consequently there has been a flagrant miscarriage of justice.4. .....
Tag this Judgment!Court : Sikkim
Reported in : 2001CriLJ3921
..... , yet it is to be exercised only in exceptional cases when there is a glaring defect in the procedure or where there is a manifest error on point of law which has consequently resulted in flagrant miscarriage of justice. .....
Tag this Judgment!Court : Sikkim
Reported in : 1998CriLJ3475
orderm. sengupta, actg. c.j.1. it is a petition seeking a writ of mandamus or any other appropriate writ. the warring parties are two chief ministers, past and present, keeping the governor of state in between.2. shri n. b. bhandari is the petitioner. he served the state as its chief minister for about fifteen years with a break for a very small period. he is at present the president of an important political party of the state. shri bhandari lost the battle of strength in the state politics and had to lose his chief ministership and to remain content' only with a membership in the state assembly.3. the respondent no. 3, shri pawan kumar chamling served shri nar bahadur bhandari's ministry for sometime and thereafter love between them was lost. he floated or joined a new party and successfully led his party in the assembly elections of 1994 and became the leader of the present cabinet.4. we may take judicial notice of the fact that immediately after the last parliamentary election which was unsuccessfully contested by shri bhandari, these two political personalities of the state started scandalising each other through various media. this court had nothing to do with those statements and counter-statements, but the quarrel has been brought to the arena of this court in the form of the present writ petition by shri bhandari.5. in the writ petition shri bhandari referred to a series of actions and events alleged to have been committed by shri chamling directly or indirectly, .....
Tag this Judgment!Court : Sikkim
Reported in : 1997CriLJ2777
orderm. sengupta, j.1. this case arises out of an application filed under article 226 of the constitution of india.2. the fact involved in this case, in short, is that the petitioner is a senior defence personnel holding the rank of subedar which is of the status of junior commissioned officer. during the period from 12th august, 1992 and 31st may, 1993 while the petitioner was posted as junior commissioned officer incharge, liquor canteen of 17 mtn. div., he alleged to have committed some offence for which he was ordered to be tried by a general court-martial. four charges were framed against him but the court-martial exonerated him from two of the charges and he was found guilty of the rest of the two charges. at the conclusion of the trial the presiding officer of the general court-martial sentenced the petitioner:(a) to suffers rigorous imprisonment for four months;(b) to be dismissed from service.this order was passed on 25-11-95. on the very same day the petitioner filed a mercy petition before the general court-martial but there was no result and he was taken into custody. on 27-1 -96, the petitioner has presented this writ petition before this court. immediately thereafter, on 29-1-96 the petitioner submitted another petition before the appropriate army authorities for consideration of his case before the sentence passed by the general court-martial was confirmed.3. one charge was that the petitioner during the period as already noted above, knowingly and with intent .....
Tag this Judgment!Court : Sikkim
Reported in : (1994)116CTR70; [1994]209ITR715(Sikkim); [1994]73TAXMAN460(NULL)
orderthe point for decision at the moment in all these six writ petitions is whether this court has territorial jurisdiction to decide these petitions. the facts in the first five petitions bearing nos. 9 of 1990, 10 of 1990, 11 of 1990, 12 of 1990 and 13 of 1990 are identical and so in respect thereof, it shall be sufficient to refer to the facts of only one of them, viz., writ petition no. 9 of 1990. the point of law involved is the same and arguments have been heard together and so all of them are being disposed by this common judgment.in writ petition no. 9 of 1990, petitioner no. 1, messrs. of mansarover commercial pvt. ltd., a private limited company registered under the registration of companies act, sikkim, 1961, has its registered office at gangtok in sikkim and is carrying on business, inter alia, as commission agents in cardamom and other agricultural products in the state of sikkim. it has asserted that all its activities and transactions have been initiated and finalised in the state of sikkim and it has no office or establishment outside the state of sikkim. petitioner no. 2 is its director.initially, the state of sikkim was under a hereditary monarch, subject to british paramountcy. later, a treaty was entered into between sikkim and the government of india and the latter took responsibility with regard to defence, external affairs and communications of sikkim. thus it became a protectorate of the union of india. thereafter, the constitution (thirty-sixth .....
Tag this Judgment!Court : Sikkim
Reported in : 1992CriLJ843
orderr. dayal, j.1. this application has been moved under sections 561-a and 439 of the code of criminal procedure, 1898, which code is still in force in the state of sikkim, for quashing the order dated 9-8-1991 summoning the applicants to face a criminal charge under sections 500, 501 and 502 of the indian penal code, passed by the learned judicial magistrate (east and north) sikkim in criminal misc. case no. 26 of 1991, registered on the complaint petition by respondent no. 2.2. messers bennett coleman and company ltd., is carrying on the business of printing and publishing various newspapers, magazines, peridicals and weeklies from various parts of the country and one of the dailies published by this company is nav bharat times. applicant no. 1, shri a. k. jain, is the chairman and applicant no. 2, shri samir jain, is the managing director of the company. the criminal proceedings arose from a news item published by the nav bharat times on 11-12-90 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. dalmia bros. narrating the modus operandi, it was stated that five companies including sovereign commercial private limited which is respondent no. 2 and one other, namely, mansarover commercial private limited which had filed a similar complaint in the same .....
Tag this Judgment!Court : Sikkim
Reported in : 1992CriLJ839
orderr. dayal, j.1. this application has been filed under sections 561-a and 439 of the code of criminal procedure, 1898, which code is still in force in the state of sikki, for quashing the order dated 7-3-1991 summoning the applicants to face a criminal case under sections 500, 501, 502, 109 and 34, i.p.c., passed by the learned judicial magistrate (east and north) sikkim in criminal misc. case no. 10 of 1991.2. messers bennett coleman and company ltd., is carrying on the business of printing and publishing various newspapers, magazines, periodicals and weeklies from various parts of the country and one of the dailies published by this company is nav bharat times. petitioner no. 1 shri a.k. jain is the chairman and petitioner no. 2, shri samir jain is the managing director of the company. the criminal proceedings arise from a news item published by the nav bharat times on 11-12-1990 with the heading 'dalmia samooh ki kar chori pakari gayi.' thereafter a notice dated 22-1-1991 was sent by shri r. b. subba, advocate on behalf of five companies including messers mansarover commercial pvt. ltd., respondent no. 2, the complainant, to seven persons including the applicants, alleging, inter alia, that the said publication had been made mala fide with the motive of verifying the name and reputation of the companies on whose behalf of the notice was sent, undermining their business. by this notice, the addresses were required to tender unconditional apology as per the draft enclosed .....
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