Sikkim Court November 2015 Judgments
Kharga Bahadur Gurung and Others Vs. Nirmal Gurung
Court: Sikkim
Decided on: Nov-26-2015
Sunil Kumar Sinha, C.J. 1. This Appeal is directed against the Judgment and Decree dated 30.03.2013 passed by the District Judge, Special Division-II, East Sikkim at Gangtok in Title Suit No. 13 of 2012. 2. By the impugned Judgment and Decree, the suit filed by the Plaintiff has been decreed, therefore, the Defendants have filed this Appeal. 3. Brief facts necessary for the decision of this Appeal are as under: - 3.1 Bhaktay Gurung, was having two sons, namely, Ganja Bahadur Gurung and Nirmal Gurung (Plaintiff). Bhaktay Gurung died in the year 1965 and Ganja Bahadur Gurung died in the year 1977. Defendants 1 to 8 are sons of late Ganja Bahadur Gurung and Defendant No. 9 is his second wife. Defendant No. 6, Jiwan Gurung, died during the pendency of the suit and was substituted by Defendants 6, 10 and 11. Bhaktay Gurung was the absolute owner of the suit lands described in Schedule A of the plaint. 3.2 Eight sons of Ganja Bahadur Gurung, who were Defendants 1 to 8 herein, had filed an ea...
Tag this Judgment!Manoj Kumar Gupta Vs. State of Sikkim
Court: Sikkim
Decided on: Nov-20-2015
Sunil Kumar Sinha, C.J. 1. Petitioner is the Registered Owner of TATA Truck Number WB-73B/5152. The said truck was seized by Melli Police on 31.05.2015 in connection with FIR No.11/2015, registered u/Ss. 9(b) and (d) and 14 of the Sikkim Anti Drugs Act, 2006 (SADA, 2006) and S. 19 of the Sikkim Trade Licence Act, 1985. 2. According to the Prosecution, cement was loaded in the said truck and it was in possession of the driver and cleaner, who were taking the cement to its destination. When the truck was checked, some controlled substances were found wrapped in a polythene bag which was kept in the driver s cabin. The details of controlled substances are as follows:- (i) 5 Full strips containing (24 x 5) 120 Spasmoproxyvon capsules. (ii) 2 loose strips containing 18 spasmoproxyvon capsules. (iii) One loose strips of Nitrosun-10 containing 08 tablets. (iv) Two small pouches of Ganza. 3. The Prosecution came with the case that the above controlled substances were being carried by the drive...
Tag this Judgment!Nurul Haque Vs. State of Sikkim
Court: Sikkim
Decided on: Nov-16-2015
Meenakshi Madan Rai, J. 1. This Appeal challenges the Judgment and Sentence dated 31-03-2015 meted out by the Court of the Special Judge (SADA), South Sikkim at Namchi, vide which the Appellant was convicted and Sentenced to suffer simple imprisonment for a period of 1 (one) year and a fine of Rs.25,000/- (Rupees twenty five thousand) only, under Section 9(d) of the Sikkim Anti Drugs Act, 2006 (for short SADA ) with a default clause of imprisonment for 6 (six) months; for the offence under Rule 17(1) of the Sikkim Anti Drugs Rules, 2007 (for short SADR ) read with Section 14 of the SADA, he was sentenced to undergo simple imprisonment for a period of 6 (six) months and to pay a fine of Rs.15,000/- (Rupees fifteen thousand) only, also with a default stipulation, in Sessions Trial (SADA) Case No.21 of 2014. The Sentences of imprisonment were ordered to run concurrently. 2. While assailing the impugned Judgment and Sentence, the argument advanced by the Learned Legal Aid Counsel for the A...
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