Sikkim High Court
Up RT-PCR Testing; Bring Dedicated Ambulances, ICUs: Sikkim High Court Urges State To Take Steps On A War Footing Against Covid19
The Sikkim High Court has urged the State Government take all necessary steps to augment its resources to meet the present situation of Covid-19 pandemic on a "war footing". A Division Bench of Chief Justice Jitendra Kumar Maheshwari and Justice Bhaskar Raj Pradhan has taken note of various shortcomings in the medical resources in Sikkim. Firstly, it has expressed concern...
Covid-19: Woefully Low Number Of Hospital Beds, No Supply Of Oxygen: Sikkim High Court Seeks State's Response
The Sikkim High Court has expressed concern over the 'woefully low' number of hospital beds that are available for treatment of Covid-19 patients in the State. In a suo moto PIL for Covid-19 management, a Division Bench comprising of Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan observed, "The beds identified for patients with Covid in the STNM Hospital and District...
Mere Acquittal In Case Involving Moral Turpitude Not Sufficient": Sikkim HC Upholds Full Court Resolution Withdrawing Appointment Of Civil Judge
The Sikkim High Court on Monday ruled that acquittal of a person in a case involving moral turpitude by giving benefit of doubt is not sufficient to grant him employment. In order to secure an appointment, in this case a judicial one, a Bench of Chief Justice Jitendra Kumar Maheshwari observed that the acquittal must be an honourable one. It observed, "The employer is having right...
Prepare SOP For Investigation In Cases Of Missing Persons, Assign Children Missing Cases To Trained Officers: Sikkim HC To Govt, DGP
Dealing with a case related to a 14-year-old girl who is missing since June 2013, the Sikkim High Court last week directed the State Government and Director General to come up with an SOP in the matter of missing persons including children. The Bench of Chief Justice Jitendra Kumar Maheshwari and Justice Meenakshi Madan Rai further directed that the SOP should contain the course...
Possibility Of A Relationship Gone Sour Cannot Be Ruled Out : Sikkim High Court Acquits Rape Accused
The possibility of a relationship gone sour cannot be ruled out, the Sikkim High Court observed while it acquitted a man accused of raping a woman on the pretext of promise of marriage.On 10.01.2018, the victim lodged an FIR alleging that she was raped by the accused (Makraj Limboo) on 17.08.2013, due to which she became pregnant and had to abort the baby on his advice. It was further...
Sikkim High Court Confers Senior Designation To Advocate General Vivek Kohli
The High Court of Sikkim on December 10 designated advocate Vivek Kohli as a Senior Advocate.A notification issued to this effect stated:"In exercise of the powers conferred under Section 16 (2) of the Advocates Act, 1961, the High Court of Sikkim is pleased to designate Mr Vivek Kohli as Senior Advocate with immediate effect." Vivek Kohil is the incumbent Advocate General of Sikkim. He was appointed as the Advocate General of Sikkim last year.Click here to download the official...
[Covid And Courts] Sikkim High Court
LiveLaw has taken an initiative to analyse the functioning of High Courts across the country during the COVID-19 pandemic. We have taken various parameters such as the volume of cases filed, the number of cases disposed, the proactive steps taken by the High Courts, guidance to the subordinate judiciary etc. This data compilation will be an ongoing work and periodically revised with...
Forcibly Kissing And Hugging A Child Can Constitute 'Aggravated Sexual Assault' Under POCSO Act: Sikkim HC [Read Judgment]
“The act of forcibly kissing the minor victim, a child below 12 years of age and hugging her in the back seat of a car in the absence of her guardian by a 27 year old male cannot but be with sexual intent.”
Sikkim HC Stays Thursday Bandh Called By Sikkim Krantikari Morcha
A division bench of the Sikkim High Court, in an interim order, barred the state's opposition party, Sikkim Krantikari Morcha (SKM), from going ahead with its proposed bandh on Thursday (February 28). The court was hearing a public interest litigation petition against the proposed bandh that argued that it would have a debilitating effect on students as well as cause disturbances to public...
No Provision In Limitation Act To Compute Limitation For Counsel’s Carelessness, Observes Sikkim HC [Read Order]
‘Misplacing of files’, ‘omission of clerk attached to office of the counsel’ etc., are routine ‘reasons’ in most of the delay condonation applications. Most of the courts do not bother to check genuineness or validity of these reasons averred through an affidavit by the litigants, especially when delay sought to be condoned is only a few days or months.The Sikkim High Court,...
Any Interested Person Can Petition Assembly Speaker Seeking Disqualification Of MLA: Sikkim HC [Read Judgment]
‘It may be read down making clear that not only a member of the Legislative Assembly but any other person interested is competent to make a reference (petition) to the Speaker for initiating a process of disqualification of a member, who has incurred it under Tenth Schedule’The Sikkim High Court has read down Rule 6 of Sikkim Legislative Assembly (Disqualification on ground of...