Sikkim Court May 2004 Judgments
State of Sikkim Vs. the Jammu and Kashmir Bank Ltd.
Court: Sikkim
Decided on: May-28-2004
Reported in: AIR2005Sik12; [2006]132CompCas514(NULL)
N. Surjamani Singh, J. 1. The judgment and decree dated 15th February 2001 passed by the District Judge (E and N) in Civil Suit No. 21 of 1994 is the subject-matter under challenge in this appeal preferred by the plaintiff, appellant herein. The facts of the case, in a short compass, are as follows :--The plaintiff, the State of Sikkim, the appellant herein filed a suit being Civil Suit No. 9 of 1992 which is subsequently renumbered as Civil Suit No. 21 of 1994 before the Court below against the defendants, the present respondent Nos. 1, 2 and 3 herein for a decree for declaring that the plaintiff/ appellant is entitled to recover a sum of Rs. 40 lakhs from the defendant No. 1, first respondent herein, for payment of the same by the first defendant coupled with a prayer for a decree for permanent injunction restraining the first defendant from returning the deposits or releasing the securities de-posited by M/s. Sikkim Subba Associates and Shri Karan Luthra and also for restraining the...
Tag this Judgment!Tulamaya Chettri and anr. Vs. Yonarayan Pradhan and ors.
Court: Sikkim
Decided on: May-28-2004
Reported in: AIR2004Sik39
R.K. Patra, C.J.1. The defendants in Civil Suit No. 30 of 2002 have filed this writ petition challenging the order dated 28-11-2003 of the learned trial Judge appointing an amin commissioner on the prayer made by the plaintiffs-respondents.2. The respondents have filed the aforementioned suit asserting that they are the absolute owners of the land covered by plot No. 1998 (Schedule 'A' land) situated at Jitlang Block, East Sikkim having been inherited the same from their ancestors. They have been possessing it for more than a century. In the year 1997 the petitioners started claiming a portion of it to be theirs on the allegation that the petitioner No. 1 purchased it from one Kalusingh Tamang but as a matter of fact the land alleged to have been purchased by him does not appertain to Schedule 'A' land. The petitioners filed Civil Suit No. 60 of 1997 for declaration of title in respect of the said land and the suit was dismissed in June, 2000. After dismissal of the suit, the petitione...
Tag this Judgment!Karma Denka Bhutia and anr. Vs. Sarki Lamu and anr.
Court: Sikkim
Decided on: May-28-2004
Reported in: AIR2005Sik1
R.K. Patra, C.J.1. This is an application filed on behalf of the plaintiffs-appellants for amendment of the plaint.The second appeal out of which this applicant arieses is directed against the reversing decree at learned District Judge, Special Division -I, Sikkim at Gangtok dismissing the plaintiffs applicants' suit for declaration of title, injunction in respect of a two storied wooden house situated at Rongli Bazar, East Sikkim.The appeal has been admitted and the contesting defendants-respondents have entered their appearance.2. The case as made out in this application for amendment is that the contesting defendants/respondents in collusion with one Lakpa Sherpa (Sardar) who was the ten ant under the plaintiffs-appellants demolished the entire wooden house and constructed illegally a R.C.C. structure thereon. During the pendency of the suit the plaintiffs-appellants filed an application for injunction to restrain defendants/respondents from continuing the illegal activities over th...
Tag this Judgment!Dawa Tshering Tamang and anr. Vs. State of Sikkim
Court: Sikkim
Decided on: May-24-2004
Reported in: 2004CriLJ2810
R.K. Patra, J. 1. This appeal filed on behalf of Dawa Tshering Tamang and Arun Kumar Subba is directed against the judgment and order dated 24-8-2001 passed by the learned Sessions Judge (South & West) Sikkim at Namchi in Criminal Case No. 2 of 2000 convicting them under Section 302/34, IPC and sentencing each to undergo RI. for life and to pay a fine of Rs. 5000/- with a defaulting clause of imprisonment.It may be noted that the appellants and Prem Kumar Rai (hereinafter referred to as the accused No. 3) were tried together in the aforesaid trail and each of them was convicted under Section 302/34 IPC by the impugned judgment dated 24-8-2001. The said accused No. 3 filed Criminal Appeal No. 17 of 2000 in this Court challenging his conviction and sentence passed in the case. This Court by judgment dated 4-6-2002 set aside his conviction and sentence under Section 302/34, IPC and acquitted him of the charges.2. The case of the prosecution is that, appellant No. 1 is a resident of 11th m...
Tag this Judgment!Mitra Prasad Rai Vs. State of Sikkim
Court: Sikkim
Decided on: May-17-2004
Reported in: 2004CriLJ3294
R.K. Patra, C.J.1. The appellant stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- with a defaulting clause of imprisonment by the learned Sessions Judge (S & W) at Namchi vide judgment and order dated 8-11-2001 in Criminal Case No. 4 of 1996. The appellant has been further convicted under Section 201, IPC and sentenced to undergo imprisonment for 5 years and to pay a fine of Rs. 5,000/- with a defaulting clause of imprisonment. The substantive sentences of imprisonment are to run concurrently.Originally the appellant along with his brother-in-law (sister's husband) Manbir Rai was placed on trial in the Court of the Session Judge (S & W) at Namchi. The learned trial Judge by his judgment dated 30-9-2000 while acquitting the co-accused Manbir Rai of the charges, convicted and sentenced the appellant under Sections 302 and 201, IPC. The appellant challenged the said conviction and sentence in this Court in Criminal Ap...
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