Court : Sikkim
Reported in : AIR2004Sik41
R.K. Patra, C.J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks quashing of Notification No. 13(789)/L.R.(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 Notification No. 1(789)/L.R.(S) dated 25-8-1987 of the same department (published in the Gazette dated 27-8-1987) at Annexure A made under Section 6(1) of the Act. The petitioner also questions the validity of the Land Acquisition (Sikkim) Amendment Act, 1992.2. The writ petition was originally filed by Kazi Lhendup Dorji Khangsharpa as petitioner No. 1 and Nar Bahadur Khatiwada as petitioner No. 2. In his application dated 17-11-1988 Kazi Lhendup Dorji Khangsharpa sought permission to withdraw the writ petition saying that he did not want to proceed with the matter. By order dated 6-9-1990 this Court allowed his...
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Wangdi, J. 1. This Appeal is filed under Sub-Section (4) of Section 378 of the Code of Criminal Procedure, 1973 (in short the œCr.P.C.) assailing the impugned judgment dated 20-06-2013 of the Sessions Judge, Special Division “ I, Sikkim at Gangtok (hereinafter referred to as the First Appellate Court) in Criminal Appeal No.10 of 2011 which had set aside the conviction and sentence passed by the Judicial Magistrate, East Sikkim at Gangtok (hereinafter referred to as the Trial Court) against the Respondent No.1 in Private Complaint Case No.19 of 2008 for offence under Section 153B of the Indian Penal Code, 1860 (in short the œIPC?) on a complaint lodged by the Appellant. 2. In the original complaint, it had been alleged that the Respondent No.1 who is the Editor and Publisher Sikkim Social Empowerment Association vs. Shri Anjan Upadhyaya and Another of local dailies, namely, Hamro Prajashakti in Nepali and Himalayan Mirror in English had indulged in publishing various o...
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Wangdi, J. 1. This Appeal arises out of judgment dated 25-03-2013 in Title Suit Case No.2 of 2008 passed by the Learned District Judge, South and West Sikkim at Namchi by which suit for partition, recovery of possession, damage and consequential reliefs filed by the Appellant was dismissed. 2(i). To state briefly, the case of the Appellant- Plaintiff was that his father Late Harka Bahadur Chettri, resident of Salangdang, West Sikkim, had two wives. While the Appellant-Plaintiff, Tula Rama Chettri and the Respondent-Defendant No.4, Dilli Ram Chettri, are the issues out of first wife, the Respondents-Defendants No.1 and 2 are the sons and the Respondent-Defendant No.3 is the grandson of Late Harka Bahadur Chettri born from Late Tara Kumar Chettri, his eldest son, from his second wife, Smt. Bhagi Maya Chettri, Respondent-Defendant No.5. (ii) It is stated that on 01-01-1974, the properties held by Harka Bahadur Chettri were partitioned in equal shares amongst the Appellant and the Responde...
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Reported in : 2004CriLJ4080
R.K. Patra, C.J.1. The aforesaid twin appeals are directed against the judgment and order dated 17th January, 2003 passed by the learned Sessions Judge (E and N) Sikkim at Gangtok in Criminal Case No. 19 of 2000 by which the three appellants stand convicted under Section 302 read with 34, IPC and sentenced each to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand) each with defaulting clause of sentence.2. Criminal Appeal No. 2 of 2003 has been filed by the appellant Ben Kumar Rai alias Jhony Rai whereas Criminal Appeal No. 3 of 2003 by Lhakpa Sherpa and Karma Sonam Sherpa alias Jaggu.3. Briefly stated, the prosecution case is that Ashok Kumar Bansal (hereinafter referred to as the deceased) was residing at Singtam Bazar with his wife PW-19 Sushma and two minor children. In his residential building, he was running a hardware shop. In the evening of 15th October, 1999 (prior to the date of occurrence, i.e., 16th October, 1999) appellant Ben Ku...
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Wangdi, J. 1. This Appeal is directed against the judgment dated 20-05-2011 passed by the Learned Sessions Judge, South and West Sikkim at Namchi in S.T. Case No.21 of 2004 (hereinafter referred to as the impugned judgment) by which the Respondents were acquitted of the offences under Sections 302/34 of the Indian Penal Code (in short IPC). 2. The case of the prosecution material for disposal of the Appeal is that on 28-11-2003 at about 0930 hrs. P.W.54, PI S. R. Shenga, the O.C., Kaluk Police Station, West Sikkim, received a telephonic information from the I/C Dentam Out Post stating that one unidentified body of a male had been found below the road near Liching Busty, West Sikkim, which led him to register Kaluk P.S. U/D Case No.11(11)03 dated 28- 11-2003 under Section 174 of the Code of Criminal Procedure, 1973, (in short Cr.P.C.) and to take up its investigation. 3(i). The investigation led to the inspection of the place of occurrence located at Dentam-Pelling Road at Liching Busty...
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Reported in : 1984CriLJ1145
ORDERA.M. Bhattacharjee, Ag. C.J.1. In this revision directed against an order of maintenance passed under Section 488 of the Cri.P.C 1898, that being the Code still operating in Sikkim. Mr. Bishambhar Sharma, the learned Advocate for the revision-petitioner has assailed the order on two grounds only, namely. (1) the respondent No. 1, in whose favour the order has been passed, is not, and has not been proved to be, the wife of the revision-petitioner and (2) the amount of the maintenance ordered is excessive.2. The learned Sessions Judge, who tried the case, (and be it noted that because of certain provisions of law operating in Sikkim, the Sessions Judge is, as held by this Court in Chandra Bahadur v. Sundermaya 1983 Cri LJ 323, competent to try and dispose of proceedings under Section 488 of the Code), has on a careful consideration of the evidence adduced before him, both oral and documentary, held that the respondent No. 1 was duly married to the revision-petitioner and the monthly...
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Reported in : 1998CriLJ2685
Malay Sengupta, Acting C.J.1. This case arises out of an application filed under Section 377 of the Code of Criminal Procedure, 1973 against the sentence imposed on 3-6-1996 by Shri P.W. Paljor, Judicial Magistrate, East in Criminal Case No. 56 of 1995 after convicting the accused persons under Sections 380/368/471/420/34, I.P.C.2. The prosecution case was that accused Dorjee Sherpa and Ajoy Gurung were working as Typist and Peon respectively in the Department of Pension underthe Government of Sikkim. The other accused Lakpa Sherpa was a close associate of accused Dorjee Sherpa. Karma Bhutia was another associate. Shri M.B. Ruchal was the Chief Accounts Officer, Pension Section. It was alleged that all of them hatched up a plan to fraudulently withdraw cheques from Pension Section of the Finance Department and to get those cheques enacashed from different banks in Sikkim. Pursuant to the plan accused Dorjee Sherpa managed to take out letter heads and office seal of the Chief Accounts O...
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Reported in : 2006CriLJ2999
N. Surjamani Singh, J.1. This appeal is directed against judgment dated 28-3-2005 and order of sentence dated 31-3-2005 passed by the learned Sessions Judge (Special Division-II) Sikkim at Gangtok in Sessions trial case No. 3 of 2004 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment of life and also to pay fine of Rs. l,000/-.2. The prosecution story which lies in a short compass brings to light a sad and shocking incident of a son (accused/appellant) beheading his own father with a sharp Khukurl in a altercation over the disruption of a drinking water pipeline in a small village called Lower Syari in East Sikkim. The prosecution versions as unfolded during the trial of the case are as follows:The deceased Mangal Singh Tamang aged about 59 years who was a widower used to live with his only son Pema Tamang, the accused/appellant herein in Lower Syari Busty, East Sikkim. One Miss Mysang Tamang aged about 64 years an un...
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Reported in : 2002CriLJ3149
Ripusudan Dayal C.J.1. The appellant was convicted by the learned Sessions Judge, East and North at Gangtok under Section 376 of the Indian Penal Code for having committed rape on Sashikala Basnett who was aged less than 16 years in September/October, 1998 and was sentenced to undergo rigorous imprisonment for a period of 7 (seven) years with fine of Rs. 3,000/- (Rupees three thousand) and in default of payment of fine to undergo further rigorous imprisonment for 6 (six) months.2. The appellant Madan Chettri alias Bora is the resident of 7th Mile, Samdoor and the victim Sashikala Basnett was the resident of a nearby locality of Adampool, Samdoor. The offence was, according to the prosecution, committed in September/October, 1998 and the FIR (Ext. PI) was lodged after about 5 months of the occurrence on 21st February, 1999 by Shree Bahadur Basnett father of the victim. In the FIR, Shree Bahadur Basnett stated that the appellant had committed 'indecent act' on his daughter Sashikala Basn...
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Reported in : AIR2007Sik15
A.P. Subba, J.1. This Appeal is directed against the judgment and decree dated 24-3-2006, passed by the learned District Judge (South & West) at Namchi, in title Suit No. 9 of 2005.2. The facts of the case, relevant for the purpose of this Appeal, in a nutshell, are that the Appellants herein, who were minors, filed a Civil Suit being Civil Suit No. 14 of 1988 through their mother and natural guardian against the present Respondent No. 1 and others in the Court of learned Civil Judge (West) at Gyalshing for declaration, recovery of possession and other reliefs in respect of a piece of land i.e. the suit land in the year 1988. In the said suit the case of the Plaintiffs/Appellants, in short, was that they were Sikkimese by birth and members of Bhutia Tribal Community of Sikkim, whereas the Defendants /Respondents were the members of Nepali Community who did not hold Sikkim Subject. The suit land was their ancestral and joint family property. As such, their father Late Gompu Bhutia, who ...
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