Sikkim High Court Forms Bar Members' Panel To Probe Dilapidated Infrastructure At Government Law College

The Sikkim High Court has constituted a committee of 5 bar members to examine the dilapidated infrastructure of the Government Law College in Burtuk, in a suo motu public interest litigation.The said PIL was initiated by the High Court after students and members of the Representative Council made a representation before the Chief Justice on September 11, 2026. It was claimed that the...

Amalgamation-Based Employee Continuity Benefits Apply Only To Transferor-Company Employees On Amalgamation Date: Sikkim High Court

The Sikkim High Court has held that the benefit of an employee-continuity clause under a scheme of amalgamation is available only to those who remained employees of the transferor company on the date the scheme became effective. The Court observed that employees who had ceased to be on the rolls of the transferor company before the amalgamation could not invoke the scheme to...

Sikkim High Court Initiates Suo Motu PIL To Examine State's Preparedness For Climate-Related Disasters

The Sikkim High Court has initiated a suo motu public interest litigation to examine whether the State has adequate institutional mechanisms to anticipate, mitigate, and respond to climate-related disasters. The petition stated,"Climate justice is, therefore, not merely a response to casualties after a-disaster. It is also a constitutional commitment to anticipate risk, prevent avoidable harm...

'Brake Failure, No Rash Driving': Sikkim High Court Awards ₹5 Lakh No-Fault Compensation To Deceased's Family In Accident Case

The Sikkim High Court has held that a Motor Accident Claims Tribunal can award no-fault compensation under Section 140 of the Motor Vehicles Act, 1988, even after rejecting a claim under Section 166 on the ground that the accident was not caused by rash or negligent driving. The Court further stated that the insurer was liable to indemnify the vehicle owner under the applicable package...

Order Refusing Recusal Of Judge Is Interlocutory, Not Revisable Under Section 115 CPC: Sikkim High Court

The Sikkim High Court has held that an order refusing a Judge's recusal is interlocutory in nature and cannot be challenged by invoking the revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908. The Court observed that even if the recusal request were allowed, it would merely result in a change of the Presiding Officer and would not finally dispose...

POCSO Case Cannot Be Quashed On Settlement Even If Survivor Attains Majority: Sikkim High Court

The Sikkim High Court has held that criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) cannot be quashed merely on the basis of a settlement between the accused and the survivor, even if the survivor has subsequently attained majority.Justice Bhaskar Raj Pradhan remarked that: “even if the accused and the survivor who has now attained majority...

Siblings-In-Law Can Claim Accident Compensation As Dependents If Financial Dependency Is Proved: Sikkim High Court

The Sikkim High Court has held that siblings-in-law of a deceased can be treated as dependents for the purpose of claiming compensation under the Motor Vehicles Act, provided their financial dependency is established through evidence. The Court observed that there is no hard-and-fast rule for determining dependency and that the question must be decided on the facts and evidence of each...

Descendants Cannot Seek Inclusion In Sikkim Subject Register Based Solely On Ancestor's Unused Eligibility: Sikkim High Court

The Sikkim High Court has held that descendants seeking inclusion in the Sikkim Subject Register must establish that their predecessors fulfilled the mandatory requirement of renouncing their former nationality under the Sikkim Subjects Regulation, 1961.A bench of Chief Justice A. Muhamed Mustaque observed:“There is substantial evidence before this Court in the present Writ Petition...

Sikkim High Court Refuses To Revoke Suspension Of Judicial Officer Accused Of Letting Clerk Record Evidence

The Sikkim High Court has rejected a writ petition filed by a Judicial Officer of Sikkim Superior Judicial Service challenging her suspension on allegations that she stayed away from court while letting her Peshkar (clerk) record evidence in open court. The bench of Chief Justice A Muhamed Mustaque observed that the material against the petitioner was being collected, and there is an...

Presence Of Accused's Semen On Victim's Clothes Insufficient To Sustain Rape Conviction Absent Proof Of Penetration: Sikkim High Court

The Sikkim High Court has altered the conviction of a man from offence of rape to that of attempted rape under Section 511 read with Section 376 IPC, noting that even though the accused's semen was present on the victim's clothes, there was an absence of proof for penetration. The division bench of the Chief Justice A Muhamed Mustaque and Justice Bhaskar Raj Pradhan observed that the victim was...

'OK Not To Be OK': Sikkim High Court Cites Demi Lovato Song, Urges State To Strengthen Children's Mental Health Measures After Teen's Suicide

Citing upbeat self-love anthem by singer Demi Lovato and Marshmello— "OK Not To Be Okay", the Sikkim High Court today implored the State government to strengthen its measures for improvement of mental health of children.The "deep sense of worry" was expressed after the division bench of Chief Justice A Muhamed Mustaque and Justice Bhaskar Raj Pradhan read the suicide note of a 16-year-old...

Victim's Birth Certificate Registered 17 Years After Birth Cannot Automatically Establish Minority: Sikkim HC Acquits Man In POCSO Case

The Sikkim High Court has held that a birth certificate registered years after a person's birth cannot automatically be presumed to be correct when statutory requirements under the Registration of Births and Deaths Act, 1969, were not complied with. The division bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan observed that the birth certificate was issued on April 5,...