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...

Judicial Review Of State Policy "Very Narrow": Sikkim HC Rejects Challenge To Removal Of SC/ST/OBC Age Relaxation For Post Of Fisheries Block Officer

The Sikkim High Court recently dismissed a petition challenging the Sikkim State Subordinate Fisheries Service (Amendment) Rules, 2019 which did away with the age relaxation given to the ST, SC, MBC and OBC candidates by the Fisheries Rules, 2008. Justice Bhaskar Raj Pradhan observed that it is open for the government while framing rules under the proviso to Article 309 of the...

S.4 Contract Act | Party Can't Dispute Legally Enforceable Liability Until 'Communication' Regarding Termination Of Contract Is Complete: Sikkim HC

The Sikkim High Court recently discussed Section 4 of the Contract Act which make stipulations regarding completion of a communication qua proposal, acceptance and revocation of a contract.In the instant case, involving interplay with Section 138 of the Negotiable Instruments Act, the bench of Justice Meenakshi Madan Rai made it clear that the Petitioner could not cover up dishonour of...

S.451 CrPC | Custody Of Property Subject Matter Of Offence Should Not Be Retained Unless "Absolutely Necessary": Sikkim High Court

The Sikkim High Court recently observed that the power under Section 451 CrPC regarding custody and disposal of property involved in any offence should be exercised expeditiously and judiciously. Justice Bhaskar Raj Pradhan observed,"As the seizure of the vehicle by the police amounts to its entrustment to a government servant, the idea is that the vehicle should be restored...

S. 321 CrPC | Public Prosecutor Has To Show How Public Interest Will Be Served By Withdrawing Prosecution: Sikkim High Court

The Sikkim High Court has recently held that the Public Prosecutor, who seeks to withdraw prosecution under Section 321 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has to show how the public interest will be served by withdrawing prosecution. The Court should be cautious while allowing such applications, if it is only for affecting the proper administration of justice and has...

'Beneficial Nature Of Scheme Can't Be Doubted': Sikkim High Court Disposes Plea Challenging State's "One Family One Job" Policy

The Sikkim High Court has refused to interfere with the State Government's 'One Family One Job' scheme. While hearing a challenge to the state policy, a Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai observed, "As such, the bona fides of the exercise undertaken under the Scheme cannot be held to be suspect since its object and purpose was to provide...

Sikkim High Court Issues Directions To Trace Out Missing Children In The State

The Sikkim High Court has issued certain directions to trace-out missing children in the State. A Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai had earlier directed the State authorities, through the learned Additional Advocate General, to complete the process of installation of CCTV cameras in the remaining seven (7) Police Stations...

Sikkim High Court Issues Directions To Address Indiscriminate Felling Of Trees Under Gangtok Smart City Project

On Monday (10th January), the Sikkim High Court issued directions to the Forest, Environment and Wildlife Management Department, Government of Sikkim to prevent indiscriminate felling of trees in order to implement the Gangtok Smart City proposal. A letter petition from Kailash Pradhan, an Architect from Sikkim concerned about the erratic and rampant felling of trees in...

Recovery Based On Disclosure Statement Made In Another Crime: Supreme Court Acquits Accused In Murder Case

On Thursday (9th December), the Supreme Court opined that recovery under Section 27 of the Evidence Act would not be admissible if the disclosure statement was made in connection to a crime undergoing separate trial, especially when such statement was not made to the jurisdictional police officer. A bench comprising Justices U.U. Lalit, S. Ravindra Bhat and Bela M. Trivedi...

Hope Govt Will Continue To Take Curative Strides In Containing Pandemic: Sikkim High Court Suspends Suo Motu Monitoring Of Covid-19 Situation

The Sikkim High Court has suspended its suo motu monitoring of the Covid-19 situation in the State, upon being convinced that the State Government has taken appropriate steps for establishment of all requisite infrastructure and other necessities to control the situation.A Division Bench of Acting Chief Justice Meenakshi Madan Rai and Justice Bhasker Raj Pradhan disposed of the Public...

Rule Making Reevaluated Candidates Ineligible For Award Of Rank/Prizes Unconstitutional: Sikkim High Court

The High Court of Sikkim held that a Sikkim University regulation that made Reevaluated candidates ineligible for the award of Rank/prizes and medals is unconstitutional.The Division Bench of Acting Chief Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan court held that the provision violates Article 14 of the Constitution since it creates an impermissible classification between...

Permission To Extract Ground Water Must Record Reasons by Ground Water Board Under Environment (Protection) Act, 1986: Sikkim High Court

The High Court of Sikkim observed that permission to extract groundwater granted to the industries in the State must record satisfaction and assign reasons by Central Ground Water Board as per Section 3(2) and Section (5) of the Environment (Protection) Act, 1986. A Division Bench of Chief Justice Jitendra Kumar Maheshwari and Justice Meenakshi Madan Rai expressed surprise on grant of...