Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence
The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.
Sikkim High Court
[Juvenile Justice Act] POCSO convict set free after Sikkim HC finds him to be a minor at the time of offence
The Court found that all the documentary evidence proved his DOB. The Court, however, upheld the conviction under POCSO and given the convicts minority, he was set at liberty having already served 3 years of his sentence.
Sikkim High Court allows State’s application for condonation of delay for appeal in POCSO case; Costs amounting to Rs 20,000 imposed on State
The Court stated that, while it is important that litigants including the State, are accorded the same treatment and the law is administered even- handedly; however, a little latitude is considered by the Courts when the State is the seeking condonation of delay.
[S. 115 CPC] | ‘The Pension Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules
The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.
Know Thy Judge | Justice Biswanath Somadder, 24th Chief Justice of Sikkim High Court
Justice Biswanath Somadder’s journey, spanning decades, 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.
Any unit undergoing relocation, expansion, change of ownership, will not be eligible under Budgetary Support Scheme: Sikkim High Court
“Budgetary Support Scheme is limited to the tax which accrued to the Central Government under the Central Goods and Services Tax Act, 2017 and the Integrated Goods and Services Act 2017, after devolution of the Central Tax or the Integrated Tax to the States.”
Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court
“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”
‘In a Force constituted for ensuring security of borders of India, discipline is paramount’; Sikkim HC dismisses plea of ITBPF constable challenging his order of compulsory retirement
“The authorities are best judges to maintain the discipline of the Force. Unless gross violation of natural justice or perversity in the quantum of punishment compared to the quantum specified is seen, it will not be wise to interfere in writ jurisdiction although the power of this Court is sufficiently wide to root out any illegality wherever found.”
Know Thy Judge| Supreme Court of India: Justice Jitendra Kumar Maheshwari
In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court.
Justice Arup Kumar Goswami- 14th Chief Justice of Chhattisgarh High Court retires
Justice Arup Kumar Goswami who was appointed as the 14th Chief Justice of the High Court of Chhattisgarh with effect from 12-10-2021 is retiring today. Justice Goswami is known to be a cricket enthusiast and has represented Assam in the Ranji Trophy.
Can Courts re-appreciate evidence under Section 34 of the Arbitration Act and treat High Courts as regular first Court of Appeal? Sikkim High Court answers in Negative
The Court observed that the Tribunal after holding that there was a fundamental breach of contract, factored in the contributory delay caused by the appellant and fairly awarded ‘Loss of Profit’ by slashing it to 50% of the original claim put forth by the appellant.
All Hydro Power Projects across the State must comply with directions in ‘Zangpo Sherpa case’ in letter and spirit; Sikkim High Court condemns GATI’s careless attitude, resulting in death of two innocent boys
“Should every Hydro Power Project get away with token compensation for loss of life despite standing directions of the highest Court of the State to take precautions, utter chaos would abound on account of their carelessness, which would be unaccountable. It must be borne in mind that human life is as precious, regardless of the geography of the area”
Self-Acquired Property of father on mortgage, can sons interfere with father’s right to dispose and deal with property? Sikkim HC explains
Sikkim High Court: If a father keeps his self-acquired property for the purpose of mortgage, can his sons interfere in the same?
Sikk HC | Sole testimony of a deaf and dumb woman, unable to answer questions not reliable enough to convict rape accused; Court dismisses petition
Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari, CJ. and Meenakshi Madan Rai, J., dismissed a criminal leave petition which
Justice Meenakshi Madan Rai appointed as Acting Chief Justice of Sikkim High Court
Appointment of Acting Chief Justice President appoints Justice Meenakshi Madan Rai, senior-most Judge of Sikkim High Court, to perform the duties of
Sikk HC | Court directs State to examine grievances; ensuring proper implementation of NFSA, 2013
Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari and Bhaskar Raj Pradhan, JJ., heard a petition which was filed seeking
Sikk HC | Permissions being granted of extraction of the groundwater even during pendency of PIL; Court lambasts authorities
Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari and Meenakshi Madan Rai, JJ., heard a Public Interest Litigation relating to
Sikk HC | Take stock of situation in shelter homes, observation homes etc; Court directs State to get them insulated
Sikkim High Court: The Division Bench of Jitendra Kumar Maheshwari, CJ. and Bhaskar Raj Pradhan, J., took up a perused affidavit submitted
Sikk HC | Can Award of the Lok Adalat be assailed by way of a petition under Arts. 226 and/or 227 of Constitution? Court answers
Sikkim High Court: Jitendra Kumar Maheshwari, CJ. allowed a writ petition which was filed assailing the updated Award passed by the Lok
Sikk HC | Court rejects bail of accused of offences under S. 354 IPC, S. 8 POCSO and S. 25 Juvenile Justice Act
Sikkim High Court: Meenakshi Madan Rai, J., rejected a bail application wherein the Petitioner, Principal of a School, aged about 58 years,