Sikkim High Court Condones National Insurance Company's 223-Day Delay In Filing Revision, Imposes ₹50K Cost For Incorrectly Blaming Counsel

The Sikkim High Court has condoned a delay of 223 days by National Insurance Company Limited in filing a revision petition, observing that a justice-oriented approach should be adopted while considering applications for condonation of delay. However, the Court imposed costs of ₹50,000 on the insurance company for incorrectly attributing the delay to the ill-health of its previous counsel without proper verification.Justice Bhaskar Raj Pradhan stated that: “Blaming a counsel who was...

Fixed Sentence Of 20 Years Can Ordinarily Be Suspended During Appeal: Sikkim High Court Grants Bail To POCSO Convict

The Sikkim High Court has suspended the sentence of a 24-year-old man convicted under the Protection of Children from Sexual Offences (POCSO) Act and granted him bail pending appeal, observing that where a sentence is for a fixed term, the appellate court may ordinarily exercise its discretion to suspend its operation liberally, unless exceptional circumstances exist.Division Bench...

After Gorkha Association Says It Won't Pursue Case, Sikkim High Court Quashes Non-Compoundable BNS Charges Against Two Men

The Sikkim High Court has quashed criminal proceedings against two men accused under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS), 2023, which deals with promoting enmity between different groups, after the Bharatiya Gorkha Parisangh (Sikkim State Branch) informed the Court that it did not wish to pursue the case further. The Court held that, considering the nature of the offences,...

Two Separate Acts Of Touching Child's Breasts During Same Occurrence Constitute 'Aggravated Sexual Assault': Sikkim High Court

The Sikkim High Court has held that two separate acts of touching a child's breasts during the same occurrence constitute aggravated sexual assault under Section 9(l) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.Section 9(l) applies when a person commits sexual assault on the child more than once or repeatedly. Justice Bhaskar Raj Pradhan observed,"The two separate acts...

Sikkim Bar Association Opposes Dushyant Gautam's Swearing-In As Governor Citing Ankita Bhandari Case

Gautam took the oath as the Governor of Sikkim today.

Sikkim High Court Upholds 20-Year POCSO Sentence, Holds Minority Of Survivor Proved Through Birth Certificate And Other Records

The Sikkim High Court has upheld the conviction and 20-year rigorous imprisonment awarded to a man under Sections 5(j)(ii) and 5(l), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), observing that the prosecution had sufficiently established that the survivor was a child at the time of the offence.A Division Bench comprising Chief Justice...

Delay May Be Condoned Where Counsel's Actions Substantially Contributed To Litigant's Procedural Lapse: Sikkim High Court

The High Court of Sikkim has condoned the delay in filing a civil revision petition, observing that acts of counsel which cause delay should not operate to the prejudice of a litigant in a manner that results in denial of justice.The Court was considering an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing a revision petition under Section 115 of...

Sikkim High Court Directs Legal-Aid Body To Train, Monitor Defence Counsel To Ensure Rehabilitation Support For Child Sexual-Assault Victims

The Sikkim High Court has directed the Sikkim State Legal Services Authority (SSLSA) to strengthen the supervision, training and sensitisation of Legal Aid Counsel, particularly with regard to effective cross-examination and defence of accused persons in criminal trials. The Court also emphasised that legal aid cannot be a mere formality and called for an adequate support and...

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...