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Sikkim Court August 2000 Judgments

Aug 28 2000

Gulshan Rai Nagpal Vs. Principal, Government Law College

Court: Sikkim

Decided on: Aug-28-2000

Reported in: 2002CriLJ171

Anup Deb, J. 1. By filing this Civil Miscellaneous Application in Writ Petition No. 425 of 1998 (Gulshan Rai Nagpal v. Principal, Sikkim Government Law College and Ors.), the Principal, Government Law College respondent No. 1 (hereinafter referred to as the applicant) has, inter alia, made prayer to initiate necessary proceedings against the writ-petitioner, Gulshan Rai Nagpal (hereinafter referred to as OP) for making false statement on oath before this Court in Writ Petition No. 425 of 1998. By extracting paragraph 3 from writ petition No. 425 of 1998, the applicant, Principal, Government Law College has drawn the attention of the Court that Gulshan Rai Nagpal, the OP has made false statement on oath in the face of a representation submitted by the students of the Sikkim Government Law College including Gulshan Rai Nagpal, the OP which has been filed as Annexure A-1 to the application. Paragraph 3 of writ petition is extracted below :--3. That the schedule time for conducting the eve...

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Aug 18 2000

Himal Enterprises (P.) Ltd. Vs. Union of India (Uoi) and ors.

Court: Sikkim

Decided on: Aug-18-2000

Reported in: [2002]256ITR34(Sikkim)

Anup Deb, J. 1. The petitioner-company filed an application for stay dated November 18, 1996, along with Writ Petition No. 42 of 1996. In the aforesaid application for stay, the petitioner-company prayed for stay of operation of three notices being annexures P4, P5 and P6 filed along with the writ petition. Annexure P4 is a notice dated August 12, 1996, issued by the Deputy Commissioner of Income-tax, Jalpaiguri Range, respondent No. 3, to the principal officer of the petitioner-company under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the I. T. Act'), asking the petitioner to submit a return for the assessment year 1990-91 within 30 days. This notice was issued as respondent No. 3, the Assessing Officer had reason to believe that the petitioner's income chargeable to tax for the assessment year 1990-91 had escaped assessment within the meaning of Section 147 of the Income-tax Act. Annexure P5 is a notice dated July 22, 1996, under Section 17 of the Wealth-tax ...

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Aug 11 2000

Kalu Bhutia Vs. State of Sikkim

Court: Sikkim

Decided on: Aug-11-2000

Reported in: 2001CriLJ2681

Anup Deb, J.1. Conviction for commission of offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act) is the subject-matter of challenging in this appeal.2. The appellant, hereinafter referred to as the accused, faced trial for allegedly having committed offence punishable under Section 22 of the NDPS Act, was found guilty and convicted by the learned Special Jduge, NDPS Act, Sikkim in Criminal (NDPS) Case No. 7 of 1997 and was sentenced to undergo imprisonment for 10 years and to pay a fine of Rs. 1.00 lakh and in default, to undergo further rigorous imprisonment for one year.3. The accusations which led to the trial of the accused are as follows :-The Head Constable 939 R.B. Tiwari, In-charge, Rangpo Check Post lodged a complaint to the Officer-in-Charge, Rangpo Police Station on 5th July, 1997, that, on the same date at about 19.45 hrs. the complainant while conducting check of a TATA truck, bearing No. SK-03/0466, coming...

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