Arbitration Agreement Remains Valid Even If Underlying Contract Is Terminated: Sikkim High Court

The Sikkim High Court bench of Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan affirmed that it is well settled that if the contract containing arbitration clause is rendered invalid or void, it does not affect the arbitration agreement. The arbitration agreement would continue to exist and the validity of which will be decided by the Arbitral Tribunal under section 16...

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9(m) and 9(n) of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being wholly trustworthy.The single judge bench of Justice Meenakshi...

S.11A Central Excise Act | Revenue Can't Recover Refunded Cess Merely Because SC Judgment Permitting Refund Was Later Overruled: Sikkim HC

The Sikkim High Court recently criticized the Siliguri GST and Excise Commissionerate for seeking to recover the cess refunded to the claimants in terms of Supreme Court's judgment in M/s SRD Nutrients (P) Limited vs. CCE, (2018), on the basis of a subsequent judgment overruling it. The Apex Court in M/s SRD Nutrients (supra) had held that when payment of Excise Duty is exempt under...

Sikkim High Court Holds Full Court Reference To Condole Demise Of Former Acting Chief Justice Malay Sengupta

The Sikkim High Court held a Full Court Reference to condole the demise of Justice Malay Sengupta, former Acting Chief Justice of the High Court.Justice Malay Sengupta, who served as a Judge to both Calcutta and Sikkim High Courts, had passed away on September 05.Before his elevation as High Court Judge in 1995, he held important positions of Senior Law Officer, Metro Railway, Kolkata...

Sikkim High Court Upholds Conviction Of 24-Yr-Old For Committing Rape On His Grandmother

The Sikkim High Court has upheld the conviction of a twenty-four-year-old man under Sections 376(2)(f) (committing rape against a relative), 376(2)(n) (committing rape repeatedly on the same woman) and 506 (criminal intimidation) of IPC for committing rape upon his maternal grandmother, aged about eighty years.The division bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj...

[O 14 R 2 CPC] Trial Court Can't Decide Question Of Limitation As Preliminary Issue If It Involves Mixed Question Of Facts & Law: Sikkim HC

The Sikkim High Court has held that examination of the issue of limitation by the Trial Court as a preliminary issue in an application under Order XIV Rule 2 of the Code of Civil Procedure, 1908 (CPC) is erroneous, if the issue of limitation contains a mixed question of facts and law. The Trial Court can examine preliminary issue only pertaining to issue of law, it held.Justice Bhaskar...

Mere Technicalities Ought Not To Impede Justice: Sikkim HC Condones Delay In Filing Appeal By Accused Who Were Unable To Engage Private Counsel

The Sikkim High Court has condoned the delay in filing a criminal appeal which was caused due to the petitioners seeking services of a private counsel and being unable to secure the same within the requisite time.Justice Meenakshi Madan Rai was considering a criminal revision petition preferred by the petitioners/revisionists against the order of the Session Court which rejected their...

Defence Failed To Challenge Genuineness Of Birth Certificate: Sikkim High Court Upholds Trial Court's Determination Of POCSO Victim's Age

The Sikkim High Court concurred with the Trial Court's determination of a POCSO victim's age upon holding that the defence did not challenge the genuineness of the victim's birth certificate during cross-examination. Justice Meenakshi Madan Rai was hearing an appeal against the conviction of the appellant by the Specia Trial Court under Section 7 of the POCSO Act for sexual assault on...

3-Yr-Old Child Would Barely Understand Import Of Person Touching Her Private Part, Unbelievable She Would Panic: Sikkim High Court

The Sikkim High Court while deciding on a criminal appeal against the conviction of the appellant under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) observed that “…in our considered opinion, a child of three and half years would barely be able to understand the import of a person touching her private part, how she would be in a state of panic having comprehended...

Sikkim High Court Upholds POCSO Conviction, Says 6-Yr-Old Victim's Deposition Was Of Sterling Quality Despite Tender Age

The Sikkim High Court has upheld a conviction under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) stating that the victim's deposition during the trial was truthful and consistent with her statement recorded by the Magistrate under Section 164 of the Code of Criminal Procedure, 1973 (CrPC).A Division Bench of Justice Meenakshi Madan Rai And Justice Bhaskar Raj Pradhan...

State's Negligence To Not Appeal An Incorrect Sentencing Order Does Not Preclude High Court From Exercising Its Revisional Powers: Sikkim High Court

The Sikkim High Court has observed that it can exercise its power of revision under Section 397 of the Code of Criminal Procedure, 1973 (Cr.PC), when the Trial Court has wrongly sentenced the accused below the minimum prescribed sentence for an offence.The division bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan were considering the petition of the accused/appellants...

Mere Lack Of Injuries On Rape Victim Who Was Examined Days After Incident Not A Reason To Doubt Her Credibility: Sikkim High Court

The Sikkim High Court has held that lack of injuries on a victim of rape would not disprove the prosecution's case if the victim's testimony is found to be credible and trustworthy. The division bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan observed that “mere lack of injuries on the victim's body who was examined after five days of the incident, would not...