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...
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 sen...
Tag this Judgment!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...
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 i...
Tag this Judgment!Court : Sikkim
Reported in : AIR2005Sik33
N.S. Singh, Actg. C.J.1. The judgment and decree passed by the learned District Judge, South and West at Namchi, South Sikkim in Civil Suit No. 13 of 2002 is the subject matter under challenge in this appeal.2. The facts of the case, in a short compass, arc as follows :--The two minor plaintiffs, namely, Mahendra Bir Lama and Shoundarya Bir Lama represented by their mother and legal guardian Smt. Anjita Lama, the principal respondents herein, Instituted a suit being Civil Suit No. 8 of 2000 before the Court below for the following reliefs :--- '(a) A decree declaring the right, title and interest of the plaintiffs over the schedule 'B' property/suit land;(B) Declaration to the effect: that the defendant No. 1 has no right, title and interest over the suit property;(c) A decree to the effect that the defendant No. 2 had or has no right to sell the property mentioned in schedule 'B' as the plaintiffs are the joint owners of the said property;(d) A decree restraining the defendant No. 1 f...
Tag this Judgment!Court : Sikkim
Reported in : 1983CriLJ1909
ORDERA.M. Bhattacharjee, Actg. C.J.1. The learned Judicial Magistrate, on receipt of the complaint on transfer from the District. Magistrate on 20-11-1979 thought it fit to postpone issue of process and to inquire into the case himself under Section 202 of the Code of Criminal Procedure and, after taking about 16 months to make such inquiry, ultimately dismissed the complaint on 25-3-1981 under Section 203 of the Code, finding no sufficient materials to proceed further On an application filed by the complainant praying for revival of the case, the learned Magistrate registered the same as,a separate Misc. Case on 23-7-1981, issued notice on the accused-opposite party and on the appearance of the latter, handed over a copy of the application to him for filing objection, if any, and on receipt of his written reply on 18-3-1982, heard the parties on 26-4-1982 and finding that 'the O. P. has no objection to the application' ordered that 'the dismissed case stands accordingly revived and th...
Tag this Judgment!Court : Sikkim
Reported in : 2006CriLJ2311
ORDERA.P. Subba, J.1. This is a petition filed by one Sanjoy Menon Rajan, a British citizen of Indian origin under Section 482 of the Code of Criminal Procedure for quashing the First Information Report (FIR) bearing No. 52 (3)05 registered at Sadar Police Station, Gangtok, Sikkim under Section 498-A of the Indian Penal Code and all related criminal proceedings arising therefrom.2. The facts leading to the filing of the present petition, briefly stated, are as follows :-The petitioner after having completed his studies joined British Petroleum, a multinational concern, in the year 1993 and since the year 2004 he has been posted at Hong Kong as a Compliance Advisor, British Petroleum, Asia. During the course of his professional trip to Calcutta in the year 2003, he met Ms. Peggyla Wangdi Bhutia alias Sonam (respondent No. 5). After few meetings, they became friends and their friendship ultimately culminated into a marriage. The marriage was solemnized at Gangtok on 18th October, 2004 as...
Tag this Judgment!Court : Sikkim
Reported in : AIR2009Sik6
ORDERA.P. Subba, J.1. This Revision Petition is directed against the Order dated 10th August, 2007 passed by the learned Civil Judge, East Sikkim at Grangtok in Title suit No. 06 of 2006, whereby an application praying for rejection of plaint filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short 'CPC') was rejected.2. The facts of the case relevant for our present purpose are that the original plaintiff, i.e., the opposite party No. 1 herein filed a suit for declaration, cancellation of records of rights, injunction and other consequential reliefs against the present petitioner and others in June, 2006. The case of the plaintiff was that the suit premises was given to her mother Late Libing Anyo by Late Libing Athing alias Rai Bahadur SonamTopden out of love and affection towards his brother Late Dugda Kazi, husband of Libing Anyo as per the old custom and tradition. After the suit property was so handed over Libing Anyo, the mother of the, plaintiff, moved into ...
Tag this Judgment!Court : Sikkim
Reported in : 2002CriLJ1385
Ripusudan Dayal, C.J.1. This appeal arises from the judgment and order by the learned Sessions Judge, South and West dated 26-10-1999, convicting the accused/appellant under Section 302, IPC for murdering his wife, Manju Rai and sentencing him to life imprisonment and also a fine of Rs. 10,000/- and in default of payment of fine, to undergo further imprisonment of six months.2. Manju Rai was the wife of the appellant, Rajesh Rai. The incident took place between 21-9-1992 and 22-9-1992. Rajesh Rai was at that time posted as Bramch Manager in Rabtentse Branch of the State Bank of Sikkim. Manju Rai was posted as Cashier in the Gyalzing Branch of the same bank. The prosecution case is that on 22-9-1992 at 1045 hours, a telephonic message was received at Gyalzing Police Station from Shri Tenzing Bhutia, Branch of Gyalzing Branch stating that the wife of Rajesh Rai, Branch Manager, Rabtenste Branch had died due to consumption of poison. Thereupon, Shri P.M. Rai (PW 16), Officer-in-charge of ...
Tag this Judgment!Court : Sikkim
Reported in : AIR2003Sik1
N.S. Singh, J.1. By way of Public Interest Litigation, for short PIL, the writ petitioner Shri Hem Lall Bhandari approached this Court with this writ petition questioning the validity of the impugned Notifications dated 15th December 1998 as in Annexure P-2 and P-3 to the Writ Petition which was, later on withdrawn by the authority concerned under the related Notification dated 12th August 2002 as in Annexure P-5, coupled with a prayer for declaring the entire amount on account of house rent and conveyance allowances drawn by Hon'ble Mr. Justice R. Dayal, Chief Justice of this Court, Respondent No. 2 herein by virtue of the impugned Notifications as in Annexure P-2 and P-3 is liable to be refunded by Respondent No. 2 with interest thereon and with a further direction to the C.B.I. to inquire into the affairs and the alleged tampering and manipulation of Certificate of Registration of official vehicle NO. SK-02/0006 and to probe and book the wrong doers by contending, inter alia,(a) tha...
Tag this Judgment!