Sikkim Court November 2014 Judgments
Silli Man Subba and Others Vs. Man Bahadur Subba and Others
Court: Sikkim
Decided on: Nov-24-2014
Wangdi, J. 1. The MAC App. and the Cross Objection are taken up together as they arise out of the same judgment impugned in the Appeal. 2. Taking up the MAC App. first, it has been filed seeking enhancement of the death compensation awarded to the Claimants (Appellants in MAC App. No.3 of 2013 and Respondents No.1 to 3 in CO No.1 of 2013) by the Learned Member, Motor Accident Claims Tribunal, South Shri Silli Man Subba and Others vs. Shri Man Bahadur Subba and Another and West Sikkim at Namchi in MACT Case No.8 of 2012 (in short the Learned Claims Tribunal ) by the impugned judgment dated 19-02-2013. 3(i). As per the Appellants case, his wife, the deceased, was a farmer and a private employee aged about 27 years earning a monthly income of Rs. 9,042/- (Rupees nine thousand and forty two). On 01-04-2012, while proceeding from Solophok, Namchi, South Sikkim to Mangsabung, Yuksam, West Sikkim, the vehicle having registration no.SK 02 J 0529 (Tempo Trax) in which she was travelling, met wi...
Tag this Judgment!Rama Shankar Gupta Vs. The State Bank of India, through the Chief Mana ...
Court: Sikkim
Decided on: Nov-24-2014
Wangdi, J. [1] The Writ Petition is directed against the notice dated nil issued by the authorized officer of the Respondent-Bank for taking possession of the secured RCC Building against home loan bearing account no.30362207046 granted to the borrower-petitioner. [2] The Writ Petition also seeks to assail the notice dated 26.07.2014 (Annexure P-3) said to have been issued under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the SARFAESI Act, 2002 ) issued by the District Magistrate, East Sikkim at Gangtok for taking possession of the secured assets on 29.08.2014. [3] When the matter was taken up for hearing on 18.09.2014, question as regards the maintainability of the Writ Petition in view of the remedy of appeals provided under Sections 17 and 18 of the SARFAESI Act, 2002, came up for consideration and it was decided that this issue should be taken up at the threshold. [4] On 30.10.2014, this Court took not...
Tag this Judgment!Sikkim Manipal University Vs. State of Sikkim
Court: Sikkim
Decided on: Nov-18-2014
Sunil Kumar Sinha, ACJ. 1. A short question involved in this writ petition is : "Whether, after the extension of the Income-tax Act, 1961, to the State of Sikkim with effect from April 1, 1990, the Sikkim State Income-tax Manual, 1948, stands repealed and the assessments made thereunder for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005-06) would be without authority of law ?" 2. The facts, briefly stated, are as under : 2.1 By the Constitution (Thirty-sixth Amendment) Act, 1975, Sikkim was admitted as a State of the Union of India with effect from April 26, 1975, and article 371F of the Constitution of India was inserted to provide for special provisions with respect to the State of Sikkim. Sub-clause (n) of article 371F empowers the President of India to issue public notification and to extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of such notification. ...
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