HIGH COURT OF SIKKIM

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1 HIGH COURT OF SIKKIM NEWSLETTER Vol. 11, Issue No. 4 Ocber December, 26 EDITORIAL BOARD Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim Hon ble Mrs. Justice Meenakshi Madan Rai, Judge, High Court Sikkim COMPILED BY Mr. N.G. Sherpa, Registrar General A quarterly Newsletter published by High Court Sikkim, Gangk Also available on our website:

2 CONTENTS Page No. EDITORIAL BOARD, HIGH COURT OF SIKKIM VACANCIES IN COURTS. 1 INSTITUTION, DISPOSAL & PENDENCY OF CASES RECENT HIGH COURT JUDGMENTS. 7 8 SOME RECENT MAJOR EVENTS... 9 IMPORTANT VISITS & CONFERENCES ECOURTS MISSION MODE PROJECT.. 13

3 HIGH COURT OF SIKKIM EDITORIAL BOARD Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim Hon ble Mrs. Justice Meenakshi Madan Rai, Judge, High Court Sikkim

4 COURT NEWSLETTER OCTOBER DECEMBER 26 VACANCIES IN COURTS (i) Vacancies in the High Court Sikkim as on Sl.No. Sanctioned Strength Working Strength Vacancies 1. (ii) Vacancies in the District & Subordinate Courts as on Sl.No. Sanctioned Strength Working Strength Vacancies 1. Superior Judicial Service (SSJS) Sikkim Judicial Service (SJS) 06 post District & Sessions Judge (Spl. Div. 1) post District & Sessions Judge (Spl. Div. II) Member Secretary, Sikkim State Legal Services Authority Direcr, Sikkim Judicial Academy Central Project Coordinar, e Courts post in the cadre SSJS created (in compliance the direction passed by the Hon ble Supreme Court in Brij Mohan Lal Vs. Union India) 06 Chief Judicial Magistrate cum Civil Judge (East) at Gangk Civil Judge cum Judicial Magistrate (South) at Namchi Civil Judge cum Judicial Magistrate (West) at Gyalshing Civil Judge cum Judicial Magistrate (North) at Mangan Total P a g e

5 COURT NEWSLETTER OCTOBER DECEMBER 26 INSTITUTION, DISPOSAL & PENDENCY OF CASES (1) Statement & Cases in the High Court Sikkim..26. Sl. No. Pending as on Pending as on Cases Cases Cases Cases (2) Total, & in the Subordinate Courts Sikkim..26. NAME OF THE COURT CIVIL CASES CRIMINAL CASES balance as on at the end balance as on at the end Total Cases Total Cases East District at Gangk West District at Gyalshing North District at Mangan South District at Namchi Family Courts Fast Track Courts Juvenile Justice Boards 2 Page

6 COURT NEWSLETTER OCTOBER DECEMBER 26 INSTITUTION, DISPOSAL AND PENDENCY OF CASES DISTRICT WISE (1) Total, and in the Subordinate Courts Sikkim..26 (i) East District at Gangk. NAME OF THE COURTS CIVIL CASES CRIMINAL CASES balance as on balance as on Total Cases Total Cases District & Sessions Judge (East) District & Sessions Judge (Spl. Div.I) District & Sessions Judge (Spl. Div.II) Chief Judicial MagistratecumCivil Judge (East) Civil JudgecumJudicial Magistrate (East) Civil JudgecumJudicial Magistrate Chungthang Subdivision stationed at Gangk (East) (ii) West District at Gyalshing NAME OF THE COURT CIVIL CASES CRIMINAL CASES balance as on balance as on Total Cases Total Cases District & Sessions Judge (West) Chief Judicial MagistratecumCivil Judge (West) Civil JudgecumJudicial Magistrate (West) Civil JudgecumJudicial Magistrate, Soreng Subdivision, West Sikkim 3 Page

7 COURT NEWSLETTER OCTOBER DECEMBER 26 (iii) North District at Mangan NAME OF THE COURTS CIVIL CASES CRIMINAL CASES balance as on balance as on Total Cases Total Cases District & Sessions Judge (North) Chief Judicial MagistratecumCivil Judge (North) Civil JudgecumJudicial Magistrate (North) Civil JudgecumJudicial Magistrate, Chungthang Sub Division, North Sikkim (iv) South District at Namchi NAME OF THE COURTS CIVIL CASES CRIMINAL CASES balance as on balance as on Chief Judicial Magistratecum Civil Judge (South) Civil Judgecum Judicial Magistrate (South) Total Cases Total Cases District & Sessions Judge (South) 4 Page

8 COURT NEWSLETTER OCTOBER DECEMBER 26 (v) NAME OF THE COURT Family Court, East at Gangk Family Courts balance as on..26 CIVIL CASES balance as on..2 6 CRIMINAL CASES Family Court West at Gyalshing Family Court North at Mangan Family Court South at Namchi Total Cases Total Cases (vi) Fast Track Court NAME OF THE COURT CRIMINAL CASES balance as on Fast Track Court (East & North) at Gangk Fast Track Court (South & West) at Gyalshing Total Cases Total Cases 5 P a g e

9 COURT NEWSLETTER OCTOBER DECEMBER 26 (vii) Juvenile Justice Boards NAME OF THE COURTS CRIMINAL CASES balance as on at the end Juvenile Justice Board East, at Gangk Juvenile Justice Board West, at Gyalshing Juvenile Justice Board North, at Mangan Juvenile Justice Board South, at Namchi Total Cases Total Cases 6 P a g e

10 COURT NEWSLETTER OCTOBER DECEMBER 26 SOME RECENT JUDGMENTS OF HIGH COURT OF SIKKIM FROM (..26 ) 1. Where there was contribury negligence on the part the deceased driving the vehicle, 50% has be deducted the tal loss dependency: On 25//26, a Single bench the Court in MAC App. No (The Branch Manager, United India Insurance Co. Ltd. Vs. Lily Ongmu Lepcha) held that a claim for compensation arising out mor vehicle accident is based on rtuous liability while a contract insurance is a contract indemnity. The third party for whose benefit the insurance is taken and who files a claim under section 166 the Mor Vehicles Act has establish that the driver was negligent in driving the vehicle which thereby resulted in the accident; that the owner was vicariously liable and Insurance Company was bound indemnify the owner. Hence, a claimant is entitled get compensation under Section 166 the Act when the driver who is the rt easer was driving the vehicle rashly and negligently. The legal burden proving negligence rests on the claimant, but where it is impossible know the precise cause the accident, this hardship can be overcome by resorting the principle res ipsa loquitur. The option filing a claim petition under section 163 the Act is also extended when such a person does not seek prove rash and negligent driving the fending vehicle as the cause the accident, and also whose annual income is below Rs. 40,0/. In the instant case, the factum rash and negligent driving has not only been established by the claimant but has also been admitted by the appellant. Further, the income the deceased was also undoubtedly Rs. 40,0/. Hence, recourse has rightly been taken section 166 the Act. However, as the accident occurred on account the rash and negligent driving the deceased, it would tantamount contribury negligence on his part, thus, the claimant is entitled only 50% the tal amount loss dependency. The amount compensation awarded by the MAC Tribunal has been modified accordingly. 2. Phocopy the Power Atrney does not empower the holder the said document represent a company in judicial proceedings: In Crl. Appeal No (Kail Ltd. Vs. Jamel Akhtar & Ano., decided on /11/26), the issue before the Court was whether the Power Atrney holder the appellant company can represent the appellant with a phocopy the said document and institute a case under Section 138 the Negotiable Instrument Act, it was held that undoubtedly, the Power Atrney empowers an agent affect his principal s position by doing acts on his behalf, the relationship perhaps arising out an ailment, old age other inconvenience the principal, or when the company as a juristic person authorizes a representative. But when the document is in phocopy with the signatures also in phocopy, it is legally not tenable accept the document and allow its contents in evidence and therefore, allow the power Atrney holder represent the company. No reasons have been put for non filing the original Power Atrney or for that matter a certified copy the said document. Petition accordingly dismissed. 7 P a g e

11 COURT NEWSLETTER OCTOBER DECEMBER Requirement the rented premises on ground personal occupation extends the requirement not only the landlord, but also his extended joint family: On 18/11/26, a Single Bench the Court in RFA No (Pradeep Golyan Vs. Durga Prasad Mukhia) held that the term personal occupation in the Notification 1949 governing tenancy in Gangk extends occupation and requirement not only the landlord, but brings within its ambit the immediate and extended joint family the landlord or where the existence a relationship gives rise certain moral obligations, such as, extending shelter a married daughter. Further, referring the judgment the Hon ble Supreme Court in Sait Nagjee Purushottam, the Court held that the tenant cannot dictate terms the landlord and advise him as what he should do or should not do. It is always the privilege the landlord choose the nature and place business. The Court upheld the impugned judgment and decree granting eviction on ground personal occupation, considering the facts and circumstances the case. 8 P a g e

12 COURT NEWSLETTER OCTOBER DECEMBER 26 SOME RECENT MAJOR EVENTS 1. FOUNDATION STONE LAYING CEREMONY OF THE COURT OF THE CIVIL JUDGE CUM JUDICIAL MAGISTRATE, CHUNGTHANG SUB DIVISION, NORTH SIKKIM. Hon ble Mr. Justice Jagdish Singh Khehar, Judge, Supreme Court India laying down the foundation sne the Court Civil Judge cum Judicial Magistrate, Chungthang Subdivision, North Sikkim. Lightening Lamp by Hon ble Mr. Justice Jagdish Singh Khehar, Judge, Supreme Court India. and Hon ble Mr. Justice Madan B. Lokur, Judge, Supreme Court India, in the gracious presence Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim and Hon ble Mrs. Justice Meenakshi Madan Rai, Judge, High Court Sikkim. 9 P a g e

13 COURT NEWSLETTER OCTOBER DECEMBER 26 The Foundation Sne Laying Ceremony the Court Civil Judge cum Judicial Magistrate, Chungthang Sub Division, North Sikkim was held on th Ocber, 26 at Chungthang Sub Division, North Sikkim. The Foundation Sne was laid by Hon ble Mr. Justice Jagdish Singh Khehar, Judge, Supreme Court India and Hon ble Mr. Justice Madan B. Lokur, Judge, Supreme Court India, in the gracious presence Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim and Hon ble Mrs. Justice Meenakshi Madan Rai, Judge, High Court Sikkim. P a g e

14 COURT NEWSLETTER OCTOBER DECEMBER 26 IMPORTANT VISITS & CONFERENCES 1. Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim and Hon ble Mrs. Meenakshi Madan Rai, Judge, High Court Sikkim & Executive Chairperson, Sikkim State Legal Services Authority attended the Conference on National Consultation on Challenges in Mediation and Way Forward on 1 st Ocber, 26 at Kothari Audirium, DRDO, New Delhi. 2. Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim and Hon ble Mrs. Meenakshi Madan Rai, Judge, High Court Sikkim visited Chungthang attend Foundation Sne Laying Ceremony the Court the Civil Judge cum Judicial Magistrate, Chungthang Sub Division, North Sikkim on th Ocber, 26. The Foundation Sne was laid by Hon ble Mr. Justice Jagdish Singh Khehar, Judge, Supreme Court India and Hon ble Mr. Justice Madan B. Lokur, Judge, Supreme Court India. 3. Hon ble Mrs. Meenakshi Madan Rai, Judge, High Court Sikkim & Hon ble Chairperson, Juvenile Justice Act & Rules, High Court Sikkim attended the Conference on Regional Consultation on Effective Implementation Juvenile Justice Act Focus on Rehabilitation Services and Linkages with POCSO at Guwahati, Assam w.e.f. 26 th November, 26 th November, 26 organized by the Supreme Court Juvenile Justice Committee and Guwahati High Court supported by UNICEF. 4. Hon ble Mrs. Justice Meenakshi Madan Rai, High Court Sikkim and Executive Chairperson, Sikkim State Legal Services Authority visited Gnathang, East Sikkim on th December, 26 for launching the NALSA (Legal Service the Workers in the Unorganized Secr) Scheme, P a g e

15 COURT NEWSLETTER OCTOBER DECEMBER Hon ble Mr. Justice Satish K. Agnihotri, Chief Justice, High Court Sikkim and Hon ble Mrs. Justice Meenakshi Madan Rai, Judge, High Court Sikkim and Executive Chairperson, Sikkim State Legal Services Authority visited Namchi, South Sikkim for launching the NALSA (Victims Trafficking and Commercial Sexual Exploitation) Scheme, 25, NALSA (Child Friendly Legal Services Children and their Protection) Scheme, 25 and for awareness on POCSO Act, 22, organized by Sikkim State Legal Services Authority held on 17 th December, 26 at the Community Hall, Namchi, South Sikkim. On this auspicious occasion, Hon ble Mr. Justice S. Nagamuthu, Judge, High Court Madras presided as the Guest Honour and Padmashree Smt. Sunita Krishnan, Co founder and Direcr, Prajwala NGO, Hyderabad was the Resource Person for the programme. 12 P a g e

16 COURT NEWSLETTER OCTOBER DECEMBER 26 PROGRESS MADE IN THE HIGH COURT AND SUBORDINATE COURTS OF SIKKIM UNDER E COURTS MISSION MODE PROJECT Ocber December, 26: 1. Execution work Scanning, Digitization and Digital Preservation Cases/Judicial Records High Court Sikkim and Subordinate Courts Sikkim started with effect 1 st Ocber, 26. In the first phase, scanning case records started in High Court and two District Courts Sikkim, namely: District & Sessions Court, East at Gangk and District & Sessions Court, South at Namchi. In the second phase, the District & Sessions Courts West and North Districts will be covered where execution works have commenced mid April,. 2. One CCTV camera each has been installed in the High Court and one each in the four District & Sessions Courts Sikkim, for moniring the work Scanning and Digitization case records. 3. One Server each has been provided the High Court and one each in four District & Sessions Courts Sikkim for digitally preserving Case data scanned and digitized records. 4. Two printers for District & Sessions Court, Gangk, East Sikkim and one printer each had been provided District & Sessions Court, South and Civil Court Mangan, North Sikkim. Two more UPS had been provided the Civil Court Mangan, North Sikkim in the month February, funds provided under E Courts Mission Mode Project by E Committee, Supreme Court India. 13 P a g e

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