Bhaskar Raj Pradhan, J.[1] An Order dated 31.10.2022 passed by the learned District Judge, East Sikkim at Gangtok (learned District Judge) rejecting an application filed by the plaintiff under Order VII Rule 11 read with section 151 of the Civil Procedure Code, 1908 (CPC) to reje...
Bhaskar Raj Pradhan, J.[1] A judgment dated 22.09.2015 was rendered by the learned Single Judge of this Court in W.P. (Crl.) No. 02 of 2015 filed by Eastern Institute for Integrated Learning in Management University (EIILM University) against the Joint Director and the Enforcemen...
Meenakshi Madan Rai, J.[1] In this second appeal, the following two substantial questions of law have been framed by this Court, viz; (1). Whether the right of the Defendants No.1 and 2 can be decided against another Defendant i.e. Defendant No.3 in the Appeal of the Suit filed b...
Meenakshi Madan Rai, J.[1] The apple of discord herein is the entitlement to Government service, granted in lieu of land donated by the father of the Petitioner, who is the father-in-law of the Respondent No.3, with both the Petitioner and Respondent No.3 staking claim to the ser...
Bhaskar Raj Pradhan, J.[1] The two petitioners before this court are students pursuing BA (Honours) degree in the respondent no.2 college under the respondent no.1 University. While Pravin Sharma is pursuing Sociology (Honours), Praveen Basnet is pursuing Political Science (Honou...
Meenakshi Madan Rai, J.[1] In this Public Interest Litigation the Petitioners inter alia seek the following reliefs; "a. issue a writ, order or direction including a writ in the nature of mandamus or any other appropriate writ, order or direction to the respondents for the enforc...
Meenakshi Madan Rai, J.[1] The Motor Accidents Claims Tribunal, West Sikkim, at Gyalshing (for short, "Learned Claims Tribunal"), settled three issues for determination in MACT Case No.06 of 2019 (Smt. Aita Maya Gurung and Others vs. Shri Ratna Kumar Pradhan and Others), in a Cla...
Meenakshi Madan Rai, J.[1] The Appellant assails the Judgment, dated 28-02-2022, in Sessions Trial (POCSO) Act, Case No.03 of 2021, of the Court of Learned Special Judge (POCSO) Act, at Mangan, North Sikkim, convicting him of the Offence under Section 375 of the Indian Penal Code...
Meenakshi Madan Rai, J.[1] This petition filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973, (hereinafter, the "Cr.P.C."), assails the Order, dated 07-02-2022 of the Learned Special Judge (PC Act, 1988), Gangtok, Sikkim, in Sessions Trial (Vigilance) Case No...
Meenakshi Madan Rai, J.[1] By its Judgment dated 31-05-2022, in Sessions Trial (POCSO) Case No.36 of 2018, the Learned Trial Court convicted the Appellant under Section 3(a)/4 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"). On the same date, ...