Sikkim Court October 2010 Judgments
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Prashant Kumar Goyal Vs. Sogra Khatoon and Others
Court: Sikkim
Decided on: Oct-21-2010
Dinakaran, CJ. 1. These writ petitions are directed against a common order dated 09.09.2010 made in two interim applications (unnumbered) in Title Suit No.1 of 2005 on the file of the learned District Judge, Special Division-I Sikkim at Gangtok which was originally numbered as Civil Suit No.9 of 2000 on the file of the learned District Judge, East and North Districts at Gangtok. 2. The writ petitioner is the defendant No. 4 in the said suit. For the purpose of convenience, the parties are referred to as per the rank before the trial Court. 3. The writ petitioner/defendant No. 4 filed the above two un-numbered applications, namely, (i) under Order XXVI, Rule 10A (1) read with Sections 75 and 151 of the Code of Civil Procedure, 1908, seeking a direction for sending all the documents and sample signatures of defendant No.1 for scrutiny by expert for their opinion at the cost of defendant No. 4, for proper decision and adjudication of the suit claim; and (ii) under Order VIII, Rule 1 A (3)...
Gulshan Rai Nagpal Vs. State of Sikkim
Court: Sikkim
Decided on: Oct-14-2010
WANGDI, J. (1.) This writ petition is directed against the Order of the learned Chief Judicial Magistrate, East and North Sikkim at Gangtok dated 16-8-2010 in S.T. Case No. 2 of 2005, by which an application under Section 300 of the Code of Criminal Procedure, 1973, (in short "Cr. P.C") read with Article 20(2) of the Constitution of India filed by the petitioner was dismissed. (2.) In the writ petition, it has been stated that in the Court of the learned Chief Judicial Magistrate, East and North Sikkim at Gangtok, a case under Sections 468/471/420/ 34 of the Indian Penal Code (in short "IPC") had been registered against the petitioner and one Dawa Karma Lepcha and a joint trial conducted against them. It is stated that during the trial, the accused No. 2, Dawa Karma Lepcha, was not present and the petitioner alone had appeared before the trial Court but, subsequently even the petitioner could not appear under circumstances said to be compelling against him. That later, accused No. 2, D...
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