Monday, February 5, 2024

City of Lights & (Il)legal vibes (7)

 

Chapter 5

“The beauty of standing up for your rights is others will see you standing and stand up as well.”

-         Cassandra Duffy

March, 2023

Finally, a quash petition was filed in the High Court of Calcutta in spite of all efforts by the opposite party to persuade my lawyer not to take up the case. But just the day before the hearing, the case number was found missing from the next day’s Cause List. By this time, I had lost all hope.

 

Still, the next day, I dragged myself to the High Court, praying fervently to all the gods for their blessings. The lawyer mentioned before His Lordship how, all of a sudden, the case went missing from the Cause List. Luckily, the next day was fixed as the date of hearing. Surprisingly, when I came out of the court, the opposite party’s lawyer accosted me for an out-of-the-court settlement. How I tried for the settlement of the dispute for all these months and how it failed! Now, outside the High Court, a different drama was unfolding.

 

Next day, on the 15th of March, the opposite party’s lawyer appealed for an amicable settlement of the dispute during the hearing. The warrant of arrest was recalled and a timeframe of 15 days was set for the amicable settlement of the dispute.

 

(Note: The legal system generally uses the term “quash” to question the legitimacy of a specific legal action, order, or document.

One can quash a criminal complaint if it is found to be filed with an ulterior motive.

The High Court has wide powers to quash criminal processes in specific cases. This will prevent abuse of the legal process and ensure justice.)


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