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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Court: sikkim Year: 2015

Oct 16 2015 (HC)

Prem Kumar Rai and Others Vs. The State of Sikkim, Through the Chief S ...

Court : Sikkim

Decided on : Oct-16-2015

..... offender and was involved earlier in kaluk p.s. case no. 1 of 2014 u/s 149/341 ipc read with section 169 of the sikkim police act, 2008. the petitioners were infact arrested under section 169 of the sikkim police act, 2008 under the directions of the sub-divisional police officer, gyalshing on their conduct being reported to him by the respondent no.6. 13 ..... kumar gurung at paragraph 3, that the identity of the police officer assaulting or taking the said seven persons has not been revealed. chatur singh limboo has stated that 5-6 skm party workers were beaten by respondents no. 6 and 7, without identifying the victims in paragraph 3 of his affidavit. secondly, it is the petitioners case that respondents no. 6 ..... , i saw s.i. bishan rai and s.i. thinlay gyastso rai along with 10 to 15 irb constables brutally beating 5-6 skm party workers and had also pointed out pistol on them. 4. that, i had also seen seven people viz. narenda pradhan, basant tamang, tshering chodey, chewang rinzing, n.b. gurung, chandan ..... tamang, tshering chodey, chewang rinzing, chandan gurung and prem rai) continuously on roadside and taken them to the police station. 5 . 6 .. 35. from the portions of the affidavit reproduced hereinabove, it appears that janak kumar gurung was outside the party office therefore, obviously he could not have witnessed the alleged indiscriminate assault by the police inside the place of meeting. 36 .....

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Nov 26 2015 (HC)

Kharga Bahadur Gurung and Others Vs. Nirmal Gurung

Court : Sikkim

Decided on : Nov-26-2015

..... of section 11 cpc would make it clear that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the ..... the claim of the plaintiff cannot be evaluated in terms of rupee, the plaintiff was at liberty to put his own value for declaration and partition, as was claimed in the said matter. this court, in the said judgment, had also observed that it was high time the government considers ..... was held that mere assertion of title by itself may not be sufficient unless the plaintiff proves animus possidendi. there two suits were filed earlier for partition where the defendants appellants claimed themselves to be co-owners of the plaintiff. however, the plaintiff therein, had asserted hostile title claiming ownership in himself ..... , had filed an earlier civil suit no. 65 of 1997 against nirmal gurung, respondent/plaintiff herein and one dr. pema t. bhutia for declaration, partition, injunction and cancellation of gift deed dated 17.09.1996 executed by nirmal gurung (plaintiff) in favour of dr. pema t. bhutia. the subject ..... thus, reliance cannot be placed on the provisions of the court-fees act, 1870 or the suit valuation act, 1887. rules 4 and 5 of the above rules, 1928 as it existed on the date of its commencement on 01.08.1928 are extracted as under: - (4) the system of paying court fees on civil .....

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Nov 20 2015 (HC)

Manoj Kumar Gupta Vs. State of Sikkim

Court : Sikkim

Decided on : Nov-20-2015

..... a mode of transport or any other form of conveyance and a simple contravention, thus, are two different instances which is clear from reading the entire section 9. for example, a person carrying small quantity of controlled substances, like in the present case, may travel by taxi, passenger bus or any other ..... 31.05.2015 and it is lying in stationary condition in the premises of the concerned police station. 8. i have heard counsel for the parties. 9. it appears that the learned special court imposed condition of depositing rs.1,00,000/- for release of the truck on the basis of ..... 9(d). s.9 deals with the punishment for contravention of controlled substances. it falls under chapter iv dealing with the offences and penalties. clause (d) of s.9, as extracted from the act, reads as under: - 9. whoever, contravenes any provision of this act or any rule or any order made thereunder shall be punishable - (a) (b ..... 9(d) of the sada, 2006 is made out on the allegations of the prosecution, therefore, the said section would not be attracted and condition of depositing rs.1,00,000/-, as provided in this section, would not be required. 7. on the other hand, mr. j. b. pradhan, learned public prosecutor ..... the learned special court, after hearing the parties, allowed the said application on 29.09.2015 and directed that the aforesaid truck be released to the petitioner on his making a payment of rs.1,00,000/- as required by s. 9(d) of the sada, 2006. 5. being aggrieved with the aforesaid condition, .....

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Nov 16 2015 (HC)

Nurul Haque Vs. State of Sikkim

Court : Sikkim

Decided on : Nov-16-2015

..... of the application of section 50 of the ndps act while carrying out search of a person, suspected to be in ..... 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 ..... 1, 2, 5 and 6 would go to show that no such option as mandated by section 24 of the sada was extended to the appellant. 12. section 24 of the sada deals with conditions under which search of persons are to be conducted and is similar to section 50 of the narcotic drugs and psychotropic substances act, 1985 (for short ndps act ). 13. the importance ..... trial court framed charges against the appellant under section 9(d) of the sada and rule 17(1) of sadr read with section 14 of the sada. the prosecution evidence commenced on a plea of not guilty by the appellant. in a bid to prove its case, the prosecution, examined 7 (seven) witnesses including p.w.5, santosh kumar rai, the investigating officer (for .....

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