Sikkim Court May 2010 Judgments
The State Bank of India Vs. Vivek Garg and Others
Court: Sikkim
Decided on: May-24-2010
(1.) This appeal is directed against the judgment and decree dated 25-11-2008 passed by the District Judge, East and North Sikkim, at Gangtok, in Money Suit No.3 of 2005, by which the suit filed by the appellant-bank against the respondents for recovery of Rs. 5,05,336.73 was dismissed. (2.) The case of the appellant in the suit is that the respondents had jointly applied to the appellant-bank for a term loan amounting Rs. 3,54,000/- under the "SBI Education Loan Scheme" as financial assistance to the respondent No. 1 Shri Vivek Garg for undergoing B. Tech. (Degree Course) in Sikkim Manipal Institute of Technology, Mazitar, East Sikkim, which was sanctioned under agreed terms and conditions more specifically provided in the Agreement for Term Loan Exhibit-5 executed by and between the appellant bank and the respondents No.1 and 2 and other related documents. The respondent No.l and his father respondent No.2 were the principal borrowers with the respondent No.3 as their guarantor and, ...
Tag this Judgment!Branch Manager, Oriental Insurance Co. Ltd., New Delhi and Another Vs. ...
Court: Sikkim
Decided on: May-17-2010
1. This is an appeal filed by the appellants, Branch Manager, Oriental Insurance Company Ltd., under Section 173 of the Motor Vehicles Act, 1988, assailing the judgment passed by the Member, Motor Accident Claims Tribunal, East and North Sikkim at Gangtok in M.A.C.T. Case No. 17 of 2006 dated 19-12-2006 by which the claimants were awarded Rs. 23,16,700/- as compensation for the death of the deceased in a motor vehicle accident. 2. The brief facts of the case are that the claimant No.1, M.K. Subba and his wife the deceased Rajani Tamang and their children, who are the claimants No. 2 and 3 herein, had travelled together with the family of the deceased Buddha Tamang (Moktan) consisting of his wife deceased Late Hem Kumari Lama (Moktan) and daughter-in-law Shrijana Pradhan to Delhi where they reached on 30-12-2005. On reaching Delhi, the deceased Buddha Tamang (Moktan) requested his acquaintance Mr. Daya Chand and his wife Mrs. Kanta for the use of their private vehicle (Toyota Qualis) be...
Tag this Judgment!Tika Ram Chettri Vs. State of Sikkim
Court: Sikkim
Decided on: May-04-2010
GHOSH, C. J. (1.) A writ complaint dated 31-7-2006 alleging that the appellant entered the house of the complainant and attempted to rape her minor daughter aged 8 years, led to registration of Singtam Police Station Case No. 26/2006 dated 31-7-2006 under Sections 454/376/511 of Indian Penal Code. In course of investigation the victim girl recorded her statement under Section 164 of the Code to the effect, inter alia, as follows :- "Tika Maya Chettri lifted me and forced me to lie down on the bed. He then took out my underwear and also put his hand over my mouth so that I could not shout. He then took out his private part and started rubbing it in between my thighs. He did not, however, put it in my private part. After sometime he left me." (2.) On completion of investigation, a charge-sheet was filed against the appellant under Section 376 read with Section 511 of IPC, i.e. attempt to rape. Thereupon, charge was framed against the appellant under Sections 376/511 of IPC. 10 witnesses ...
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