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...

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,...