Sikkim Court August 2014 Judgments
Tseten Tashi Bhutia, East Sikkim Vs. The State Bank of Sikkim, East Si ...
Court: Sikkim
Decided on: Aug-26-2014
Wangdi, J. 1(i). The Petitioner, a General Manager under the Respondent No.1, State Bank of Sikkim, went on voluntary retirement w.e.f. 30-04-2010. He has preferred this Writ Petition having been deprived of payment of gratuity in terms of the recommendations of the 4th Pay Commission which, as per the Petitioner, had been adopted by a Resolution of the Board of Directors of the State Bank of Sikkim. (ii) The Petitioner states that the Government of Sikkim, Respondent No.3, accepted the recommendations Tseten Tashi Bhutia vs. State Bank of Sikkim and Others of the 4th Pay Commission by Notification No.210/GEN/ DOP dated 18-11-2009 filed as Annexure P-2 to the Writ Petition in terms of which Notification No.212/GEN/DOP dated 26-11-2009, Annexure P-3, was issued publishing the Sikkim Government Services (Revised Pay) Rules, 2009 to enhance the pay and allowances of the persons appointed in the State services and posts in connection with the affairs of the State of Sikkim. Similarly, the ...
Tag this Judgment!Veena Devi Sharma Vs. State of Sikkim through the Additional Public Pr ...
Court: Sikkim
Decided on: Aug-19-2014
Sunil Kumar Sinha, J.1. This Appeal is directed against the judgment dated 15.04.2013 passed in S. T. Case No. 26 of 2010, by the Sessions Judge, Special Division-II (East and North) at Gangtok. By the impugned judgment, the appellant has been convicted u/Ss. 302 and 364 of the Indian Penal Code, 1860 (in short IPC') and sentenced to undergo imprisonment for life and to pay fine of Rs.2000/- and S.I. for 7 years and to pay fine of Rs.500/- respectively, with a direction to run the sentences concurrently.2. The facts, briefly stated, are as under:-2.1 Deceased, Arpit Sharma was aged about 7 years. He was studying in 1st standard at Chanatar School. On 02.11.2009, he left his house for school, however, he did not return. His uncle, Dinesh Sharma (PW-1), made enquiry from the school authorities who told him that on 02.11.2009 at about 1030 hours the boy was taken by his mother on the pretext that he was not well and she had to take him to the hospital for treatment. A search was made, but...
Tag this Judgment!Sangay Bhutia @ Sangay Dorjee Bhutia and Another Vs. The Branch Manage ...
Court: Sikkim
Decided on: Aug-19-2014
Jain, CJ (Oral). 1. Heard learned counsel for the parties. 2. The claimants/appellants have preferred this Appeal for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, East Sikkim at Gangtok (for short, the Tribunal ) vide Judgment/Award dated 24.03.2014 in MACT Case No. 20/2013 in respect of death of one Smt. Sabita Pradhan in a motor accident, which took place on 18.01.2013. 3. Learned counsel for parties have not disputed the facts and findings recorded by the learned Tribunal in the impugned Judgment, that the age of deceased was 42 years and she was working as Demand Clerk on muster roll basis @ Rs.165/- per day in Energy and Power Department, Government of Sikkim. 4. The only submission urged on behalf of claimants/appellants, by Mr. Ajay Rathi, learned counsel, is that the learned Tribunal failed to award compensation under the head future prospects . He submitted that even if the deceased was employed on muster roll basis and was getting ...
Tag this Judgment!Master Biswas Basnet, East Sikkim Represented by Sumitra Basnet Vs. St ...
Court: Sikkim
Decided on: Aug-19-2014
(Oral). Wangdi, J. 1(i). The gravamen of the Petitioner s case is that he belongs to the category of Other Backward Classes , i.e., OBC , recognised by the State of Sikkim for the purpose of employment and other privileges. Having aspired to take up course in medicine, he had appeared in the Common Entrance Test - 2014, for medical seats held by the State of Sikkim, in which he was successful in being placed at serial no.3 (three) of the merit list of OBC category candidates for which 6 (six) seats were allotted. However, in the first counseling held by the Respondent No.1, he was shocked and dismayed on being informed that there was a dispute with regard to the OBC certificate issued to him and, therefore, although eligible in the OBC category, nomination for medical seat would not be issued to him. (ii) On 10-07-2014, the Petitioner received the impugned letter bearing Memo No.161/SDOP dated 10-07-2014, Annexure P-3, informing him that since he did not satisfy the eligibility criteri...
Tag this Judgment!Md. Aktar Alam, Bihar Vs. The State of Sikkim
Court: Sikkim
Decided on: Aug-18-2014
Wangdi, J. 1. The Appellant was sent up for trial for offences under Sections 363 and 366 of the Indian Penal Code (in short IPC ) before the Court of the Learned Sessions Judge, Special Division II, East Sikkim at Gangtok, registered as Sessions Trial Case No.22 of 2012 and was ultimately found guilty of the offences on both accounts and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of ` 500/- (Rupees five hundred) under Section 363 IPC and, rigorous imprisonment for 4 years and to pay a fine of ` 1,000/- (Rupees one thousand) for offences under Section 366 IPC. In default of payment of the fine, he was directed to undergo further simple imprisonment for 1 month and 2 months respectively for the offences by the impugned judgment dated 25-03-2013. 2(i). Stated briefly, the case of the prosecution is that on 17-01-2012 at 1340 hours, the Officer-in-Charge, Sadar Police Station, Gangtok, received a written FIR from Smt. Parbhati Devi, P.W.1, stating that her 14...
Tag this Judgment!Tula Ram Chettri, West Sikkim Vs. Kul Bahadur Chettri, West Sikkim
Court: Sikkim
Decided on: Aug-11-2014
Wangdi, J. 1. This Appeal arises out of judgment dated 25-03-2013 in Title Suit Case No.2 of 2008 passed by the Learned District Judge, South and West Sikkim at Namchi by which suit for partition, recovery of possession, damage and consequential reliefs filed by the Appellant was dismissed. 2(i). To state briefly, the case of the Appellant- Plaintiff was that his father Late Harka Bahadur Chettri, resident of Salangdang, West Sikkim, had two wives. While the Appellant-Plaintiff, Tula Rama Chettri and the Respondent-Defendant No.4, Dilli Ram Chettri, are the issues out of first wife, the Respondents-Defendants No.1 and 2 are the sons and the Respondent-Defendant No.3 is the grandson of Late Harka Bahadur Chettri born from Late Tara Kumar Chettri, his eldest son, from his second wife, Smt. Bhagi Maya Chettri, Respondent-Defendant No.5. (ii) It is stated that on 01-01-1974, the properties held by Harka Bahadur Chettri were partitioned in equal shares amongst the Appellant and the Responde...
Tag this Judgment!Laxmi Prasad Tewari, Gangtok Vs. The State of Sikkim (Vigilance Depart ...
Court: Sikkim
Decided on: Aug-11-2014
Wangdi, J. 1. By this Appeal the Appellant seeks to assail the judgment dated 24-12-2012 passed by the Learned Special Judge, Prevention of Corruption Act, 1988, East and North Sikkim at Gangtok in S. T. (Vig.) Case No.4 of 2004 by which the Appellant was found guilty of the offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988 (in short the Act of 1988 ) corresponding to Section 5(1)(e) of the Prevention of Corruption Act, 1947 (in short the Act of 1947 ) punishable under Section 13(2) of the Act of 1988 corresponding to Section 5(2) of the Act of 1947 and was accordingly convicted to undergo simple imprisonment for one year and to pay a fine of ` 10,000/- (Rupees ten thousand). In default of payment of the fine, to undergo further simple imprisonment for six months. 2. The factual matrix of the case relevant for the purpose of this Appeal is that based upon a source information, case under Section 13(2) read with Section 13(1)(e) of the Act of 1988 corresponding to...
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