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Mar 29 2010 (HC)

Kharka Bahadur Limbo Vs. Principal Chief Conservator of Forest-cum-sec ...

Court : Sikkim

(1.) By filing this writ petition the petitioner, inter alia, seeks for a writ of mandamus for quashing the work order filed as Annexure-P7 by which the respondent No.3 was awarded the construction work of Sidkeong Tulku Bird Park at Rabdentse, West Sikkim, estimated at Rs. 5,29,68,000/- (Rupees five crores twenty nine lakhs and sixty eight thousand) and for a direction for retender of the said work by giving wide and sufficient publicity. It is the case of the petitioner that he is a registered contractor of Class I(A) category under the Government of Sikkim in the West District and was, therefore, qualified to bid for the aforesaid contract work. The gravamen of the petitioner's case is that the Notice Inviting Tender (in short 'NIT') in respect of the work was not given the adequate publicity in order to enable wider participation in the tender process by all contractors possessing the requisite eligibility criteria. It is further the case of the petitioner that due to inadequacy in...

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Mar 03 2010 (HC)

State of Sikkim Vs. Thukchuk Lachungpa

Court : Sikkim

SAIKIA, C.J. (1.) Heard Mr. J. B. Pradhan, learned Public Prosecutor, Sikkim (for short, 'PP') assisted by Mr. Karma Thinlay, learned Additional Public Prosecutor and Mr. S. K. Chhetri, learned Assistant Public Prosecutor for the appellant. Also heard Mr. K. T. Bhutia, learned Senior Counsel assisted by Mr. S. S. Hamal and Mr. Thupden Youngda Rinzing, learned Counsel for respondent No. 1 and Ms. Manita Pradhan, learned Amicus Curiae representing respondent No. 2. (2.) The factual matrix of the case in brief as projected by the prosecution is that it was alleged by Dadul Bhutia, PW 1 in his FIR lodged with the Officer In-charge, Ranipool Police Station on 14-5-2000 that on 14-5- 2000 at around 12.30 p. m. his son Dawa Tashi Bhutia (hereinafter referred to as 'the deceased') went to the river along with his other village mates for taking bath. It came to be known that while his other friends had begun to take bath, his son came near the swimming pool for roaming. At that time, on the beh...

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Dec 01 2009 (HC)

Senior Branch Manager, National Insurance Co. Ltd., Gangtok Vs. Smt. N ...

Court : Sikkim

(1.) The two appeals have been taken up together for disposal by this common judgment as the issues involved in them are the same. M. A. C. Appeal No. 1 of 2009 In M. A. C. Appeal No. 1 of 2009 the appellant, who is the Senior Branch Manager, National Insurance Company Limited, Gangtok, has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment of the learned Motor Accident Claims Tribunal, East and North Sikkim at Gangtok, dated 19-5-2008 in M. A. C. T. Case No. 33 of 2006. (2.) The facts of the case material for the purpose of disposal of this appeal are that on 5-2-2005, the deceased Jai Kant Dixit was travelling by a Maruti Alto Car along with some other persons from Kaluk, West Sikkim to Gangtok, East Sikkim, after attending a marriage ceremony. On the way, the vehicle met with an accident at a place called Charcharey Bhir on the Jorethang Melli Road, South Sikkim, resulting in the death of the deceased on the spot. The respondents 1 and 2 who...

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Nov 12 2009 (HC)

State of Sikkim Vs. Jigmee Dorjee Bhutia

Court : Sikkim

Reported in : 2010CriLJ1121

Aftab H. Saikia, C.J.1. Heard Mr. J.B. Pradhan, learned Public Prosecutor appearing for the Applicant/State of Sikkim as well as Mr. Ajay Rathi and Ms. Sushma Pradhan, learned Counsel who have entered appearance on behalf of the Respondent.2. This is an application under Section 378(3) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') seeking leave to appeal against the impugned judgment and order dated 31.08.2009 passed by the learned Special Judge, NDPS Act, East and North Sikkim, Gangtok in Sessions Trial (NDPS) Case No. 05 of 2006 whereby the Respondent was acquitted from the charge under Section 22(a)/27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).3. The factual matrix of the case in brief is that the respondent was arrested on 06.09.2005 under Section 22(a)/27 of the Act on suspicion of being in possession of some contraband drugs in the black coloured bag which he was allegedly carrying at the relevant time. Such arrest was made ...

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Nov 12 2009 (HC)

State of Sikkim Vs. Jigmee Dorjee Bhutia

Court : Sikkim

SAIKIA, C.J. (1.) Heard Mr. J.B. Pradhan, learned Public Prosecutor appearing for the Applicant/State of Sikkim as well as Mr. Ajay Rathi and Ms. Sushma Pradhan, learned Counsel who have entered appearance on behalf of the Respondent. (2.) This is an application under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short, 'Cr. P.C.') seeking leave to appeal against the impugned judgment and order dated 31.08.2009 passed by the learned Special Judge, NDPS Act, East and North Sikkim, Gangtok in Sessions Trial (NDPS) Case No. 05 of 2006 whereby the Respondent was acquitted from the charge under Section 22(a)/27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). (3.) The factual matrix of the case in brief is that the respondent was arrested on 06.09.2005 under Section 22(a)/27 of the Act on suspicion of being in possession, of some contraband drugs in the black coloured bag which he was allegedly carrying at the relevant time. Such arrest was ma...

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Sep 16 2009 (HC)

Raju Chettri and anr. Vs. State of Sikkim

Court : Sikkim

Reported in : 2010CriLJ411

S.P. Wangdi, J.1. This appeal is directed against the judgment of the Learned Sessions Judge, Special Division -I dated 30-3-2004, passed in Sessions Trial Case No. 4 of 2004, by which the appellants were convicted under Sections 302/348, 380/341, IPC and sentenced to undergo R.I. for life and to pay fine of Rs. 2000/- Under Section 302/134, IPC and R.I. for seven years and to a fine of Rs. 1000/- Under Section 380, IPC against the appellants, directing that sentences shall run concurrently.2. Substance of the prosecution case is that, in the wee hours of 11-11-2003, at about 4.00 a.m. a patrol party consisting of C/1180 Man Bahadur Chettri and Home Guard Indra Kumar Chettri, saw the appellants near Krishi Bhawan at Tadong, proceeding downhill on foot with bags. Finding their movement to be suspicious, they accosted them and when questioned, the appellants were unable to give reasonable answers. Upon their search at the Tadong O.P. where they were taken by the patrol party, the appella...

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Sep 09 2009 (HC)

Mrityunjay Kumar Vs. the State of Sikkim

Court : Sikkim

Reported in : 2010CriLJ44

S.P. Wangdi, J.1. By this appeal, the appellant seeks to assail the judgment of the learned District and Sessions Judge, Special Division-I, Sikkim at Gangtok, in S.T. Case No. 5 Of 2007, rendered on 6-8-2008, by which he was convicted under Sections 354/342, I.P.C. and sentenced to undergo simple imprisonment of 1 year and to pay fine of Rs. 1000.00 for offence under Section 354, I.P.C., and for the offence under Section 342, I.P.C. to undergo rigorous imprisonment of 2 years and to pay a fine of Rs. 2000.00. Both the sentences were made to run concurrently.2. History of the prosecution case is that, on 31-8-2006, at around 16.00 hours, Ranipool Police Station received a written complaint from one Brij Mohan Bihani of Shanti Complex, Ranipool (PW 1), alleging that on that day at around 2.30 p.m. his daughter Komal Bihani aged about 9 years (the victim/PW 2), had gone to the medical shop of Mritunjay Kumar the accused/appellant near Shanti Complex to purchase medicine. On reaching the ...

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Sep 02 2009 (HC)

Panna Lal Gupta Vs. State of Sikkim

Court : Sikkim

Reported in : 2010CriLJ825

Aftab H. Saikia, C.J.1. Heard Mr. A. Moulik, learned senior counsel assisted by Mr. B. K. Gupta, learned Counsel for the appellant. Also heard Mr. J. B. Pradhan, learned Public Prosecutor with Mr. Karma Thinlay, learned Additional Public Prosecutor and Mr. S. K. Chhetri, learned Assistant Public Prosecutor for the State.2. This criminal appeal is directed against the judgment and order dated 30-7-2008 passed by the learned Sessions Judge (South & West), Namchi in Sessions Trial Case No. 22 of 2005 whereby the appellant has been convicted under Sections 489B and 489C of the Indian Penal Code (in short 'IPC') and sentenced to undergo imprisonment for 2 years and 6 months and to pay a fine of Rs. 35,000/- (Rupees thirty-five thousand) under Section 489B of the IPC and to pay a fine of Rs. 15,000/- (Rupees fifteen thousand) under Section 489C.3. The facts of the case in brief as unfolded by the prosecution may briefly be stated as follows:One Shri Gulam Singh Rai (PW2) of Baiguney Busty in...

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Aug 28 2009 (HC)

Sonam Palden Bhutia Vs. the State of Sikkim and ors.

Court : Sikkim

Reported in : 2010CriLJ491

Aftab H. Saikia, C.J.1. Heard Ms. (Dr.) Doma T. Bhutia, learned Counsel for the petitioner in this Public Interest Litigation (for short, 'PIL'). Also heard Mr. J. B. Pradhan, learned Additional Advocate General, Sikkim with Mr. Karma Thinlay and Mr. S. K. Chettri, learned State Counsel appearing for the State of Sikkim/Official respondents.2. This PIL registers the grievances of total non-implementation of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') and the Rules framed thereunder by the Government of Sikkim namely, the Sikkum Juvenile Justice (Care and Protection of Children) Rules, 2002 (hereinafter referred to as the Rules').3. The basic contentions of the petitioner are that, for instance, although the Juvenile Justice Board (for short, 'the Board') have been constituted, no full-time Magistrate has been appointed for the purpose till date. Even the requirement of having two social workers has not yet be...

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Jul 30 2009 (HC)

Sita Devi and anr. Vs. Shamsher Prasad Gupta and ors.

Court : Sikkim

Reported in : AIR2010Sik8

S.P. Wangdi, J.1. This revision petition is directed against the order of the learned Civil Judge. South Sikkim at Namchi dated 30-5-2008 in T.S. Case No. 4 of 2006, whereby applications filed by the revisionists herein for being impleaded as parties to the suit were rejected.2. At the very outset, it may be stated that the respondent No. 3 neither appeared nor was he represented by any counsel despite notice. Respondent No. 2 appeared in person only on 15-4-2009. On perusal of the records of the trial Court of T.S. Case No. 4 of 2006, the position was similar even there. The only ones to contest the petitions in the Court below were the respondent Nos. 1, 4 and 5. Considering the facts and circumstances, the matter was heard in the absence of respondents 2 and 3.3. In order to deal with the case at hand, it would not be necessary to set out the detailed facts of the case but only that much as would be relevant for the purpose of disposal of this revision petition.4. It appears that th...

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