Sikkim High Court
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...
[Arbitration Act] Court Can't Modify Arbitral Award While Hearing Challenge Under Section 34: Sikkim High Court
The Sikkim High Court bench of Chief Justice Biswanath Somadder and Justice Bhaskar Raj Pradhan held that Section 34 of the Arbitration and Conciliation Act 1996 gives no power to the court to modify an award while hearing a challenge to an arbitral award. The bench held that the court under Section 34 would have no jurisdiction to modify the arbitral award, and any attempt to do so, even if...
Sikkim High Court Stays GST Show Cause Notice Against Casino And Online Gaming Company, Delta Corp.
The Sikkim High Court has stayed the GST demand against casino and online gaming company Delta Corp.The bench of Justice Bhaskar Raj Pradhan has mandated that the department and respondents maintain the status quo regarding the show cause notice. This means that no coercive or precipitous action should be taken against Delta Corp. in the interim. A hearing on the subject has been scheduled...
'Several Disputed Facts': Sikkim High Court Dismisses Sikh Body's Plea To Restore Guru Granth Sahib, Religious Articles In Gurudwara
The Sikkim High Court on Tuesday dismissed a writ petition filed by Sri Guru Singh Sabha, a Sikh body, seeking the restoration of Guru Granth Sahib and other religious articles in a Gurudwara which were removed from the Gurudwara in 2017 and have been at the centre of a heated legal battle.Justice Meenakshi Madan Rai said the case raised multifaceted questions of fact and legality that...
Unit Undergoing Relocation, Expansion And Change Of Ownership Not Eligible Under Budgetary Support Scheme: Sikkim High Court
The Sikkim High Court has held that if the unit undergoes relocation, expansion, or change of ownership, it will not be eligible under the scheme of budgetary support.The bench of Justice Bhaskar Raj Pradhan has observed that the intention of the Government of India in providing the Budgetary Support Scheme was to support those "eligible units" for the "residual period" not exceeding ten years...
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...
