Sikkim Court April 2009 Judgments
Paljor Bhutia Vs. State of Sikkim and ors.
Court: Sikkim
Decided on: Apr-28-2009
Reported in: AIR2010Sik1
Aftab H. Saikia, C.J.1. Heard Ms. (Dr.) Doma T. Bhutia, learned Counsel for the petitioner in the instant Public Interest Litigation (for short, 'PIL') and also heard Mr. Karma Thinlay, learned State Counsel who represents the official respondents.2. It is alleged in this PIL that it is a sorry state of affairs in the State of Sikkim that the State Government, functioning and governing under the Constitution of India, being fully aware of the Fundamental Rights and the Directive Principles of State Policy as well as the Fundamental Duties contemplated under Part III, Part IV, Part IV A respectively covering a range of Articles from Article 12 to Article 51A including the beneficial legislations enacted in the interest of creating an egalitarian society under the promised concept of socioeconomic Welfare State, has not yet implemented the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Partipation) Act, 1995 (hereinafter referred to as, 't...
Tag this Judgment!Suresh Subba Vs. Udai Sarkar
Court: Sikkim
Decided on: Apr-22-2009
Reported in: AIR2009Sik1
Aftab H. Saikia, C.J.1. Heard Mr. K.T. Bhutia, learned Senior Counsel assisted by Mr. Dinesh Agarwal, learned Counsel representing the appellant herein.2. Although, the notice was duly sent on 11-4-2009 to be served upon the sole respondent by Registered Post with A/D, the respondent refused to accept the same and the same is duly reflected by the undelivered envelope returned back to the Registry indicating that the acceptance of the notice was refused on 16-4-2009.3. The above notice was sent to the respondent in compliance to the order dated 9-4-2009 by which the learned Counsel for the appellant was directed to take fresh steps to serve notice upon the sole respondent by Registered Post with A/D.4. It further transpires from office note dated 4-4-2009 that the notice sent earlier upon the respondent by Registered Post with A/D on 23-3-2009 was also duly served and the A/D card received back on 4-4-2009.5. Hence, despite notice the respondent has preferred not to appear before this ...
Tag this Judgment!Karma Doma Gyatso Alias Babila Kazi Vs. Mrs. Kasang Choden and ors.
Court: Sikkim
Decided on: Apr-08-2009
Reported in: AIR2009Sik6
ORDERA.P. Subba, J.1. This Revision Petition is directed against the Order dated 10th August, 2007 passed by the learned Civil Judge, East Sikkim at Grangtok in Title suit No. 06 of 2006, whereby an application praying for rejection of plaint filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short 'CPC') was rejected.2. The facts of the case relevant for our present purpose are that the original plaintiff, i.e., the opposite party No. 1 herein filed a suit for declaration, cancellation of records of rights, injunction and other consequential reliefs against the present petitioner and others in June, 2006. The case of the plaintiff was that the suit premises was given to her mother Late Libing Anyo by Late Libing Athing alias Rai Bahadur SonamTopden out of love and affection towards his brother Late Dugda Kazi, husband of Libing Anyo as per the old custom and tradition. After the suit property was so handed over Libing Anyo, the mother of the, plaintiff, moved into ...
Tag this Judgment!All India Private Vehicle Owners Association Vs. Union of India (Uoi) ...
Court: Sikkim
Decided on: Apr-08-2009
Reported in: AIR2010Sik3
Aftab H. Saikia, C.J.1. Heard Mrs. Laxmi Chakraborty, learned Counsel representing the petitioner and Mr. Karma Thinlay, learned State Counsel representing the official respondents as well as Mr. Bhaskar Raj Pradhan, learned Counsel assisted by Miss Yangchen D. Gyatso, learned Counsel for Respondent No. 3.2. This writ petition filed by the All India Private Vehicle Owenrs Association, being the petitioner, has been accepted as a Public Interest Litigation (for short, 'PIL'). The basic and moot grievance of the petitioner herein is that the members of the petitioner, being private vehicle owners, have been burdened with a payment of huge and heavy amount to the tune of Rs. 1600/- per pair for High Security Registration Plates (for short, 'HSRP'), the supply of which has been allotted to Respondent No. 3, i.e. M/s. Tonnjes Eastern Security Technologies Private Limited, having its registered office at 21-B Vatsa House, Janma Bhoomi Marg, Fort Mumbai, Maharashtra, whereas the private vehic...
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