Sikkim Court March 1985 Judgments
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State of Sikkim Vs. Gyalpo Tshering Tamang and ors.
Court: Sikkim
Decided on: Mar-30-1985
Reported in: 1985CriLJ1423
A.M. Bhattacharjee, Actg. C.J.1. The main question involved in these two cases is whether, under the provisions of Article 254 of the Constitution, the Sikkim Criminal Procedure Act of 1976 is void to the extent of its repugnancy to the provisions of the Cr. P.C. 1973, the Sikkim Act admittedly not having received the assent of the President. There should be no doubt that if the Cr. P.C. of 1973, a law made by Parliament, was in operation in the State of Sikkim when the Sikkim Criminal Procedure Act of 1976 was enacted by the Sikkim State Legislature, then, both the enactments being with respect to matters enumerated in the Concurrent List, the Sikkim Act would be void to the extent of its inconsistency with the Parliamentary Code under the provisions of Clause (1) of Article 254 of the Constitution, as admittedly the Sikkim Act ;has not received the assent of the President in accordance with the provisions of Article 254(2).2. Sikkim has been incorporated in the Union of India in May,...
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