Court : Sikkim
Reported in : [2005]276ITR456(Sikkim)
..... it was further opined that the legislature has the jurisdiction to control the publication of its proceedings and to go into the question whether there has been any breach of its privilege, and in this regard, the legislature is vested with competent jurisdiction to carry on its proceedings in accordance with its rules of business and mere non-compliance with the rules and ..... it is contended that in the present case, the respondents had neither claimed privilege nor shown or demonstrated in the affidavit or otherwise as to what other information (other than cag report which they claim to be in their possession) was in their possession which led them to form the belief for the purposes ..... of india air 1965 sc 770, the constitution bench of 7 judges at para 70, inter alia, observed that while considering the question of the powers, privileges and immunities of english parliament it would be quite safe to base ourselves on the relevant statements which have been made in may's parliamentary practice. ..... of the cag report was forwarded by the cag to the union finance ministry and as such the concerned officer came into possession of the said cag report and used the same for forming the requisite belief and as such there is no breach of privilege as the said report was obtained legally. ..... (c) as the respondents have neither claimed privilege nor disclosed the other information in their possession (other than cag report), they are required to provide inspection and give copies of the .....
Tag this Judgment!Court : Sikkim
Reported in : 2002CriLJ4641
..... such conduct of the accused amounts to misuse of privilege given by enlarging on bail. ..... the learned public prosecutor inter-alia stated that while on bail these two accused petitioners were reported to be involved in singtam p.s. .....
Tag this Judgment!Court : Sikkim
Reported in : AIR2004Sik39
..... for examining such witness it does not seek any privilege or indulgence. ..... the report submitted by the commissioner is a piece of evidence which has to be considered along with other evidence on record. .....
Tag this Judgment!Court : Sikkim
Reported in : 2003CriLJ2799
..... proceeding or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment as aforesaid, nd any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or ..... not--(a) revive anything not in force or existing at the time at which the repeal takes effect; or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or(e) affect any investigation, legal ..... there is absolutely no merit in the submission that first information report recorded in this case is contrary to the provisions of the ..... learned trial court observed : 'seen the written report filed by the prosecution stating that on verification by ..... this is to be done after considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the .....
Tag this Judgment!Court : Sikkim
Reported in : 2003CriLJ3967
..... complainant that after retirement of the hon'ble justice thanikkachalam on 26-9-1997, the official car ne 118 of 1990 model became old and unfit for use and that it was surrendered.that the complainant has the privilege of having the following documents/record which would throw light to the correct state of affairs and for the ends of justice and proper adjudication of the complaint/application, the complainant in all fairness, should ..... . eachara warrier reported in air 1978 sc 290 : (1978 cri lj 339) .....
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