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Justice Meenakshi M. Rai who is currently serving as Judge of Sikkim High Court, holds the distinction of being the first woman from the State to be elevated to Sikkim High Court Bench.
“In the absence of medical or disability certificate, the finding of 50 per cent disability based on fracture of rib, vertebrae and hip dislocation, was found to be erroneous, reducing the award of compensation to just medical expenses.”
“If the press and the media are doing their duty fairly and accurately … the courts should restrain itself from dragging them into courts on the mere asking.”
The Court stated that an interim order is ordinarily passed where there is an immediate threat to life and the applicant lacks any means of support except the interim relief sought.
In his extensive legal career, Justice Biswanath Somadder’s journey,reflects a distinguished career that extends from practicing law in the High Court at Calcutta to assuming the prestigious role of Chief Justice in various High Courts across India.
“The Committee strongly recommends reinstating the Nepali Consonants (sic) ण, श, ष, ड़, ढ़, क्ष, त्र, ज्ञ as prayed by the petitioner, which is logical and important for the conservation and preservation of Nepali Alphabets for future posterity.”
“The deceased was a gratuitous passenger based on hearsay knowledge from persons who did not enter the witness box, but, on a preponderance of probabilities, the evidence on record clearly suggest that the deceased was a workman working with the owner.”
The Court was deciding the issue of maintainability of a petition, wherein it was argued that instead of filing the petition under Section 528 BNSS, it ought to have been filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’), as the BNSS came into force on 1-7-2024, whereas the FIR was filed in 2022.
In August 2021, Justice J.K. Maheshwari was elevated to the Supreme Court and priorly served as Chief Justice of two High Courts- Andhra Pradesh and Sikkim.
“A road map is required to be prepared with regard to use of surface water and also water obtained by means of rainwater harvesting so that the entire process is completed within a realistic time frame, in order to bring to a total end of usage of precious ground water”.
The extra-judicial confession made by the appellant to the doctor was not considered as the appellant was in Police custody and after that, he was accompanied by a Police constable for his medical examination.
The Additional Commissioner of CGST and Central Excise, Siliguri Appeals Commissionerate, vide Order dated 22-3-2023 held that Sections 54(3) and 29 CGST Act do not provide for refund of unutilized ITC in case of closure of business.
The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.
The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.
Read July’s share of criminal law discussions at the Supreme Court and various High Courts
The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.
The Court decided under the aegis of Or.14, R.2 of the CPC that where a question of law is dependent on the determination of a question of fact, then such question of fact cannot be decided as a preliminary issue by the Trial Court.
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court and has served as Chief Justice of two High Courts, Andhra Pradesh and Sikkim High Courts.
The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.