Sikkim Court September 2003 Judgments
M. Chandran Vs. Tashi Namgyal Academy Board and anr.
Court: Sikkim
Decided on: Sep-30-2003
Reported in: AIR2005Sik2
R.K. Patra, C.J.1. The plaintiff being felt aggrieved by the decree dated 23rd July, 1997 passed by the learned District Judge, (S and W), Sikkim at Gangtok in Civil Suit No. 14/1996 (earlier registered as Civil Suit No. 261 of 1987) dismissing his claim of Rs. 10 lakhs as damages against the respondents has filed this appeal.A prefatory note with a pathetic touch.A little lis which set its sail in the year 1987 lasted a whole decade in the trial Court. Processual protraction, plethora of technical pleas, entanglement in the fight over irrelevant and impertinent issues, lack of sensitivity in the Presiding Officer by freely permitting parties to lead evidence on points which had no semblance or bearing on the core issue, lack of Court management including the abortive attempt of the appellant in moving the Hon'ble Supreme Court for transfer of the suit to outside the state are some of the disturbing and sorrowful features in the case.This appeal in this Court had also no smooth sailing...
Tag this Judgment!National Panasonic India Pvt. Ltd. and ors. Vs. B.B. Mishra and anr.
Court: Sikkim
Decided on: Sep-23-2003
Reported in: 2003CriLJ4295
ORDERN.S. Singh, J.1. The order dated 9th April, 2003 passed by the Judicial Magistrate, East Sikkim at Gangtok in Criminal Case No. 8 of 2003 (D.C.) is the subject-matter under challenge in this petition under Sections 401/482 of the Code of Criminal Procedure filed by the present three petitioners.2. The complainant, Shri B.B. Mishra, the respondent No. 1 herein, filed a complaint petition against the present three petitioners and two others in the Court of the Judicial Magistrate, East Sikkim at Gangtok for taking necessary legal action against them for committing the offence punishable under Sections 420/406/418/427/34 of the Indian Penal Code by contending, inter alia, that the complainant was appointed as a dealer of the petitioners-company with effect from 1996-1997 and the complainant used to operate selling and exhibiting electronics articles manufactured by the petitioners-company from his shop-cum-show-room situated at P.S. Road, Gangtok and the complainant used to place ord...
Tag this Judgment!Ben Kumar Rai Alias Johny Rai Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-23-2003
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...
Tag this Judgment!O.P. Bhandari Vs. State of West Bengal and ors.
Court: Sikkim
Decided on: Sep-11-2003
Reported in: AIR2004Sik24
N.S. Singh, J.1. Initially the present petitioner filed a writ petition with a prayer for issuing writ in the nature of mandamus directing the respondents to take immediate steps to remove the blockade, bandh, strikes and any other hurdles over the National Highway 31-A in any manner whatsoever forthwith, alternatively, to provide free air transport and air passage to the people of Sikkim until and unless the said blockade, strikes and bandh are removed from the National Highway 31-A and further directing the respondents to take steps against the organisers of such blockades, bandh and strikes under Section 8A of the National Highway Act, 1956 (in short Act of 1956) and for other reliefs by contending, inter alia, that on account of such strikes etc. general people of Sikkim had been facing hardship inasmuch as free movement of the vehicular traffic and the ingress and egress to and from the State of Sikkim had become a halt, thus affecting the normal life of the people of Sikkim, part...
Tag this Judgment!Pawan Kumar Rai Vs. State of Sikkim
Court: Sikkim
Decided on: Sep-11-2003
Reported in: 2005CriLJ289
R.K. Patra, C.J.1. This appeal is directed against the judgment and order dated 14th December, 2001 passed by the learned Sessions Judge (South and West Districts), Sikkim at Namchi in Criminal Case No. 9 of 2001 convicting the appellant under Section 302, Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (Rupees ten thousand) only with defaulting clause of sentence.2. The prosecution case unfolded from the FIR and the evidence on record may be stated briefly as under :-The appellant and Prem Kumar Rai (hereinafter referred to the deceased) were co-villagers being the residents of Megyong under Kaluk P.S. in the West District of Sikkim. On the previous night of the date of occurrence (the occurrence took place on 10th February, 2001) when PW14 Dhurbalal Rai, elder brother of the deceased had gone to attend a marriage ceremony in the village, the appellant called him and assaulted him without any rhyme or reason. On the date...
Tag this Judgment!Nar Bahadur Bhandari Vs. State
Court: Sikkim
Decided on: Sep-08-2003
Reported in: 2004CriLJ575
ORDERN.S. Singh, J. 1. The order dated 24th June, 2003 passed by the learned Special Judge, P.C. Act (E and N), Sikkim at Gangtok in Criminal Case No. 7 of 1997 by which the application filed by the accused, the petitioner herein for examination of one cited witness of the prosecution, namely Mr. T. L. Brahmin as Court witness was rejected, is the subject-matter under challenge in this revision-petition.2. According to the present accused-petitioner, the prosecution without making any effort to bring evidence in the Court prayed for dropping the cited witness, namely Mr. T. L. Brahmin by casting most improper allegation of winning over of the said witness by the accused-petitioner. It is also the case of the accused-petitioner that on 2nd December, 2002, he made an application to call/summon the said Mr. T. L. Brahmin as witness for the ends of justice before examination of the Investigating Officer and the said petition was not heard and disposed of and over and above this, the accuse...
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