Page 68 - High_Court_Of_Sikkim_Museum_ebook_Final_2024
P. 68

  The Court of His Highness the Maharaja formed the last court of Appeal and
                                        it had no original jurisdiction.
                                       A  board  on  the  lines  of  Judicial  Committee  of  Privy  Council  of  England
                                        heard the parties to the other parties and tendered its opinion to the H.H.
                                        Maharaja.  This  practice  of  the  Board  hearing  appeals  seemed  to  have
                                        continued  till  the  formation  of  the  appellate  court  of  Sikkim  and  a  legally

                                        qualified person was appointed as the presiding officer.
                    24  January,       The Government took a policy decision on Adda reforms.
                      th
                    1948               Prominent Land Lords desired and relived themselves of their judicial duties.
                                       Creation of Panchayat Tribunal in every Estate.
                                       It would consist of the landlord cum a Government recognized Panchayat
                                        of four bustiwallas of that estate.

                                       The tribunal judgement would  be signed by all five members of the court.
                                        They had been invested with civil powers to hear suits to the limit of Rs. 100/-
                                        only in value.
                                       The landlord courts would cease to function from the date of which the new
                                        Tribunals come into being.
                                       This notification is under the signature of Mr. T.D. Densapa Private Secretary

                                        to Maharaja
                    22    November,    Maharaja vested power to Chief Judge and Secretary, Land Revenue and
                      nd
                    1948                Forest, with powers of Revenue Court 1  grade. It was empowered to attach
                                                                           st
                                        and sell moveable and immovable properties of defaulters for realization of
                                        khazana and also to detain them in civil prison.
                                       Appeals  from  the  order  of  Revenue  Court  1   grade  would  lie  with  the
                                                                                   st
                                        Maharaja and the Revenue Court 2  grade to the Chief Judge.
                                                                        nd
                    5  August, 1950     With  the  appointment  of J.S.Lall, ICS  as  the Dewan  of  Sikkim  State  certain
                     th
                                        landmark changes were brought about.
                                       Honorary Court Rules Framed.
                                       The  Honorary Court rules constituted six such courts at  Gangtok,  Rhenock,
                                        Rangpo, Namchi, Soreng and Geyzing.

                                       The Honorary Court powers both Magistrial and Civil were clearly defined.
                                       Civil suits were to be instituted directly in Honorary Courts.
                                       Criminal  cases  would  be  instituted  in  the  court  of  the  Tashildar  and
                                        transferred to the Honorary Courts by the Tashildars as they considered fit.
                                       No state prosecution could be transferred to Honorary Courts.
                                       Appeals from the decisions of Honorary Courts would lie to the Tashildars in
                                        the first instance and thereafter to the Chief Court.

                                       There would be one review before the Court of the Dewan.



                                                             53
   63   64   65   66   67   68   69   70   71   72   73