SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1982 Supreme(Sikk) 3

MAN MOHAN SINGH GUJRAL, A.M.BHATTACHARJEE
CHANDRA BAHADUR TAMANG – Appellant
Versus
SUNDERMAYA TAMANG – Respondent


JUDGEMENT

Bhattacharjee, J.:- This is a revisional application by the petitioner against the order passed against him by the learned Sessions Judge directing him to make monthly allowances for the maintenance of his wife, the respondent No. 1, and his son, the respondent No. 2, on an application filed by them under S.488 of the Code of Criminal Procedure, 1898, that being the Code which is still applicable in Sikkim subject to some exceptions and modifications.

2. The impugned order having been passed on 25-2-81 and the present revisional application having been filed on 8-9-81, the first question that arises for consideration is whether the present revision is barred by time. The Law of Limitation in force in Sikkim, like the Indian Limitation Act, 1908 (now repealed and replaced by the Limitation Act of 1963), does not prescribe any period of limitation for any revisional application, civil or criminal. But in Kinzang Dahdul v. Ransul Kharga (1978 Cri. LJ 1569 at pp. 1572-1573) it has been observed by this Court as hereunder:

"By a Notification No. 3112-80/AC, dated 6th May, 1950 the period of limitation for filing Appeals, Reviews and Second Reviews has been fixed as two months fro































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top