Sikkim High Court
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...
"Victim Suffered Catatonic Schizophrenia ; Prone To Hallucinations & Delusions" : Sikkim High Court Acquits POCSO Accused
The Sikkim High Court acquitted a man accused in a POCSO case after noticing that the victim suffered catatonic schizophrenia and thus prone to hallucinations and delusions."It would be difficult to conclude with absolute certainty that what the victim states in her deposition is not coloured by hallucination as she was certainly suffering from catatonic schizophrenia", the bench of...
Sikkim Govt Service Rules | Retired Re-Employed Employees Can't Be Denied Leave Encashment Benefits Unless Contractual: High Court
The Sikkim High Court recently observed that retired re-appointed employees cannot be denied the benefit of leave encashment, unless the re-engagement was contractual in nature.Referring to Rule 36 of the Sikkim Government Service (Leave) Rules, 1982, Justice Bhaskar Raj Pradhan observed:"The respondents' suggestion that there was financial burden upon the state exchequer by providing the...
Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
The Sikkim High Court recently held that a slight penetration without any visible injury is enough to constitute offence of rape and aggravated penetrative sexual assault under Sections 376 AB of the IPC as well as Section 5 of the POCSO Act. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is sufficient to constitute rape under IPC...
Court Can't Travel Beyond Pleadings In A Suit To Frame Issues: Sikkim High Court
The Sikkim High Court has held that trial courts can frame issues with regard to only those pleadings which are asserted by one party and denied by other. Justice Bhaskar Raj Pradhan observed that the suit proceedings cannot travel beyond the pleadings placed on record by the parties.The observation comes in a case where the trail court had framed an issue in a property dispute, to...
Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them...
