Sikkim High Court
Third Party Having Interest In The Immovable Property Can Challenge The Award Before The Executing Court If The Award Was Obtained Fraudulently: Sikkim High Court
The High Court of Sikkim has held that a third party/objector can file a petition under O.XXI R.97 R/W Section 47 of CPC before the Executing Court if it can be shown that the arbitral award in respect of the immovable property is a nullity or obtained by fraud. The bench of Justice Meenakshi Madan Rai held that there is no bar under the law for a stranger to the proceedings who has...
Criminal Court Can't Review Its Orders In Garb Of Modification/ Clarification: Sikkim High Court
The Sikkim High Court has recently asserted that a judgment passed by a criminal court cannot be revised, reopened, or reversed through an application for modification/clarification. The court held that such applications are an abuse of the judicial process and emphasized the need to uphold the integrity of the administration of justice.A bench comprising Justice Bhaskar Raj Pradhan was...
Sikkim High Court Refuses To Invoke 'Pay & Recover' Principle Where Licensed Driver Hired By Insured Handed Over Vehicle To Unlicensed Driver
The Sikkim High Court has rejected the application of the 'Pay & Recover' principle in a case where a licensed driver, hired by the insured, allowed an unlicensed driver to operate the vehicle.Justice Meenakshi Madan Rai was hearing an appeal against an award passed by the Motor Accidents Claims Tribunal at Gangtok granting compensation of Rs Twenty Four lakhs in favour of the claimant...
Sunil Saraogi Resigns As OSD To Chief Minister Tamang, Sikkim High Court Disposes PIL Against His Appointment
The Sikkim High Court has disposed of a Public Interest Litigation (PIL) pertaining to the appointment of a practicing Advocate registered with the West Bengal Bar Council as the Officer on Special Duty (OSD) to the Chief Minister of Sikkim. The PIL had alleged that Sunil Saraogi was appointed in violation of provisions of the Sikkim Public Services Act, 2006. The primary contention of...
'Reaction Of Every Person To A Traumatic Incident Differs': Sikkim High Court Set Aside Acquittal Of Man Accused Of Sexual Assaulting 10-Year-Old
Observing that there is “no straitjacket formula" for victim's reaction to the sexual assault, the Sikkim High Court has set aside the acquittal in a case under POCSO Act and convicted the accused for sexually assaulting a minor victim.“The psychology of every person to a traumatic incident differs and consequently so does the reaction. There is no strait jacket formula for reactions...
Offences U/S 138 NI Act Can Be Compounded At Any Stage, Irrespective Of Bar U/S 320(9) CrPC: Sikkim High Court
The Sikkim High Court has ruled that offences under Section 138 of the Negotiable Instruments Act can be compounded at any stage, irrespective of the provisions of Section 320(9) of the Criminal Procedure Code. Section 320(9) CrPC provides that no offence shall be compounded except as provided in the section. In other words, it restricts the power of compounding offences to the offences that...
Sikkim High Court Seeks Status Report From State On Identification And Reservation Of Jobs For Persons With Disabilities
The Sikkim High Court on Thursday directed the State government to file a report on the status of compliance with the provisions of the Rights of Persons With Disabilities Act, 2016, particularly Sections 33 and 34 that deal with identification and reservation of posts for specially abled.The directions were made by a bench comprising Chief Justice Shri Biswanath Somaddar and Justice M.M...
Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A (3) CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the appellate court.Justice Bhaskar Raj...
Sikkim High Court Holds Full Court Reference To Condole Demise Of Former Chief Justice Ripusudan Dayal
The Sikkim High Court on Friday at 12:30 PM held a Full Court reference to condole the demise of Former Chief Justice of Sikkim High Court Justice Ripusudan Dayal. Justice Dayal passed away on 8th January. Chief Justice of Sikkim High Court Justice Biswanth Somadder made his obituary reference at the proceedings. Additional Advocate General for the State of Sikkim Dr Doma T. Bhutia and...
'Feign Compliance' Of Guidelines Drowns Two Youth In Gushing Water, Sikkim High Court Directs Gati Hydro Power To Pay ₹70L To Widowed Mothers
The Sikkim High Court has awarded a compensation of Rs. 35 lakhs each to two widowed mothers whose young sons died by drowning in swollen river downstream caused due to sudden release of water by the Gati Hydro power project company, in non-compliance of government guidelines and directions previously issued by the Court in light of a similar mishap.Justice Meenakshi Madan Rai observed that...
Appellate Court Cannot Reduce Sentence If Trial Court Awarded 'Minimum Punishment' Prescribed By Statute: Sikkim High Court
The Sikkim High Court has reiterated that minimum sentence prescribed by the statute has to be imposed on the guilty and it cannot be reduced by the Appellate Court.It clarified that courts cannot impose less than the 'minimum sentences' prescribed by the statutes while convicting persons for commission of offences. To buttress the position of law, the Division Bench of...
'Violative Of Rights Of Rape Survivors': Sikkim High Court Directs Doctors To Desist From Two-Finger Test
The Sikkim High Court on Wednesday asked that doctors to desist from two-finger test in rape cases, observing that such medical examination affects the dignity of the individual. Hearing a criminal appeal in a rape case, the division Bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan expressed concern over the method employed by the doctors in medical examination of...