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Sikkim Court December 2015 Judgments

Dec 08 2015

Karma Hozer Rabten Vs. Union of India, Represented by the Secretary, M ...

Court: Sikkim

Decided on: Dec-08-2015

Meenakshi Madan Rai, J. 1. The Petitioner by filing this Petition under Article 226 of the Constitution of India, inter alia, seeks the following reliefs:- (a) to issue a Writ/Order or direction/mandamus (sic) to direct the Respondent No.3 to issue a Fresh Passport to the Petitioner within a time frame; (b) to issue appropriate Writ/Order or direction, directing the Respondents to treat the Petitioner as Indian Citizen; (c) to pass any other direction/s, relief/s, order/s that may be deemed fit and proper in the circumstances of this case. 2. The facts leading to this Petition are that, the Petitioner is a Buddhist Monk, residing in the Rumtek Monastery, East Sikkim and was born on 21-11-1972 at Rumtek, to his father, a Tibetan Refugee and his mother, a Sikkimese. He is in possession of an Aadhaar Card issued by the Government of India and has a Permanent Account Number (PAN) issued by the Income Tax Department, Government of India. On 15-12-2013, the Petitioner made an Online Applicat...

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Dec 02 2015

Yogesh Rai and Another Vs. State of Sikkim, Through: The Ld. Public Pr ...

Court: Sikkim

Decided on: Dec-02-2015

Order (Oral): 1. Petitioner No.1 is the sole accused in GR Case No. 192/2015 (State of Sikkim vs. Yogesh Rai) under Sections 457/380 IPC, pending in the Court of Chief Judicial Magistrate (East and North) at Gangtok, East Sikkim. The said case arises out of FIR No. 18/2015 registered at Ranipool Police Station, East Sikkim at Gangtok. Petitioner No. 2 is the complainant, who had lodged the said FIR No. 18/2015. 2. Petitioner No. 2, on 05.04.2015, lodged FIR No.18/2015 in Ranipool Police Station regarding the theft committed in her shop in which one LPG cylinder with Regulator, some cigarettes, two bottles of bear and a jar of mustard oil etc., amounting to Rs.4,000/- were stolen. The said articles were seized from the house of Petitioner No. 1. The police, thereafter, filed charge-sheet against the Petitioner No. 1 and the said GR Case was registered in which he is facing trial under Sections 457/380 IPC. 3. Ms. Sedenla Bhutia, learned counsel appearing on behalf of the Petitioners, su...

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Dec 01 2015

Shiva Kr. Pradhan Vs. Meena Rawat and Another

Court: Sikkim

Decided on: Dec-01-2015

Sunil Kumar Sinha, C.J. 1. This Petition is directed against the Order dated 30.06.2015 passed by the Family Court, East Sikkim at Gangtok in Case No.11/2014 filed u/S.127 of the Code of Criminal Procedure, 1973 ( in short, Cr.P.C.). 2. By the impugned order, the Family Court has enhanced the amount of monthly maintenance granted in favour of the Second Respondent, in Family (Crl.) Case No.18/2009, u/S. 125 of the Cr.P.C. 3. The facts, briefly stated, are as under: - Petitioner is father of the Second Respondent. Presently, the Second Respondent is residing separately with his mother, the First Respondent. Earlier, the two Respondents had filed the said Family (Crl.) Case No.18/2009 u/S. 125 of the Cr.P.C., in which a sum of Rs.6,500/- was granted as monthly maintenance to the Second Respondent vide Order dated 19.02.2011. The two Respondents, thereafter, filed Case No.11/2014 u/S.127 of the Cr.P.C. for enhancement of the aforesaid amount. The learned Family Court, after recording evid...

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