Judge Can't Recuse From A Case Merely Because His Father Appeared In It For The State Earlier: Sikkim HC [Read Order]

"In my view, it is the duty of a Judge to hear every matter placed before him without fear or favour"

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...

Sikkim HC Dismisses ‘Unemployed’ Law Graduate’s PIL Against Setting Up Of State Museum And To Utilize Funds For Other Public Purposes

There must be a real and genuine public interest involved in the litigation and not only an adventure of a law graduate, who in spite of a professional degree chooses not to practice law and claims to be unemployed youth instead, the court said. The Sikkim High Court has dismissed a public interest litigation filed by an ‘unemployed’ Law graduate, who claimed to be a social worker,...