#High Court ruling

[seemabhatnagar]

A Story of Legal Battles and Marital Discord

The Beginning:

Sudeep Chatterjee and his wife were on the verge of divorce. The once-loving relationship had deteriorated into a conflict marked by distrust and discord. Amidst this turmoil, Sudeep was confronted with a complaint filed by his wife, accusing him of cruelty and demanding dowry. Fearing imminent arrest, he sought pre-arrest bail from the court. His pre-arrest bail application was dismissed by the Sessions Court, Katihar.

Sudip Chatterjee v. The State of Bihar and Another

Crl Appeal 2011/2024

Before The Supreme Court of India

Heard by the Bench of Hon'ble Mr. Justice C T Ravikumar J & Hon'ble Mr.Justice Prashant Kumar Mishra J

High Court's Improbable Condition:

Sudeep's quest for bail led him to the High Court, which granted him provisional pre-arrest bail but with conditions that seemed almost impossible to fulfill. The court required Sudeep to file a joint affidavit with his wife, stating their agreement to live together and his commitment to take care of all her physical and financial needs. Additionally, the court mandated that there should be no interference from Sudeep's family members. This arrangement was to last for only four weeks, after which the couple was expected to withdraw the divorce case.

"How is this possible when there is matrimonial discord?" the condition seemed impractical and improbable, given the existing strain in their relationship. It felt like an imposition that could further sour their already fragile relationship.

A Husband's Struggle:

Sudeep was caught in a dilemma. On one hand, he wanted to avoid arrest; on the other, the conditions set by the High Court appeared to dominate him and undermine his sense of fairness. The conditions suggested a forced reunion, which seemed unlikely to heal the deep-seated issues between him and his wife.

Moreover, the conditions risked giving his wife a sense of dominance, further complicating the possibility of reconciliation. Sudeep and his wife had shown a mild willingness to rethink their relationship, but these unrealistic conditions threatened to extinguish any remaining hope of a reunion.

Supreme Court's Intervention:

Realizing the impracticality of the High Court's conditions, Sudeep approached the Supreme Court by way of Criminal Apeal. The apex court granted leave to hear the case.

Hon'ble Mr. Justice C.T. Ravikumar J, presiding over the case, noted a fundamental legal principle: 'Lex non cogit ad impossibilia' – the law does not compel a person to do what they cannot possibly perform. The Supreme Court emphasized that conditions for bail should not be so burdensome that they effectively deny the relief sought.

The Final Judgment:

After careful consideration, the Supreme Court set aside the impractical conditions imposed by the High Court. The court recognized that expecting a couple on the brink of divorce to live together harmoniously under such constraints was unrealistic and counterproductive.

The Supreme Court made the provisional bail granted by the High Court absolute, subject to standard conditions under Section 438(2) of the Cr.P.C. Meaning thereby that Sudeep could avoid arrest without the undue burden of improbable conditions, allowing the legal process to proceed fairly.

Seema Bhatnagar

[yaralulu]

I do think it’s funny how little he cared about her being dumped in the blood rite and was wayyyy too comfortable with doing nothing.“Oh sorry cassian there are rules even l can’t break 🙁” babe you’re the high lord of the night court I think you’re allowed to break some rules to save your brother’s mate and your mate’s sister who was just wrongfully thrown into what’s basically the hunger games.

[swordmaid]

i am wide awake thinking about that post canon jb au again when I should be sleeping …!!! such is the nature of the jbrainrot…

[stargirlfeyre]

I would take the “Feyre can’t be a ruler she was just illiterate” people more seriously if Feyre’s former illiteracy was shown to effect her abilities as High Lady. But it doesn’t. Her formally being illiterate has 0 (zero) negative effect on her role as High Lady.

Also illiteracy does not speak to her intelligence in this case because it’s something that was born from her childhood abuse, not because she has some learning difficulties.

[cryingoverfictionalcharacterss]

One thing Feyre does a lot trough the series, after she leaves Tamlin, is that she constantly compares Tamlin to Rhysand. One of the things that made a big impression on her is how Tamlin said to her how there wasn’t a HL but then Rhysand made her one(undeserved). 

But the funny thing is that in the 4-5 months she spend in the SC (after UTM) as Tamlin’s consort she was WAY more loved and respected than she is as the HL of the NC for 3 years now.

[living-undead]

I love Sims drama because I am so uninvolved in all of it that I feel like I'm in a theatre, watching a movie with popcorn and my feet kicked up. Don't mind me while I sit from the sidelines and watch nonsense unfold before my eyes. Seeing factions break out over who gets to make more off the back of a multi-million dollar corpo.

[acourtofquestions]

PT. 2 CONTINUATION ACOTAR

Read/Re-Reading questions, theories, fandoms & more!

1 & 2. What did the inner circle of the Night Court do while Rhys was trapped under the mountain?

Did he trap them in Velaris to keep them safe/from trying to save him? — If not, how did he convince Azriel, Mor, & Cassian not to try & to rescue him?!?

Rhysand may be able to care for himself, he may command mad respect; it may have been a known death mission; but even if they didn't know the full extent of torture UTM, & even if 50 years of time is experienced differently/faster for 500+ aged immortals... I just can't imagine them leaving him there unquestionably (even if he told them to).

[starscreambbymama]

Sarah J Mass stop trying to make "Rhysand would be a great king of Prythian" happen it's not going to happen 😒 Also I really take what anyone from Rhysand's posse says with a grain of salt because let's be real here. They're all a bunch of yes men never oppose him and kiss the ground he walks on (Looking at you Cassian) The only people that ever oppose them or don't kiss Rhysand's ass 24/7 are treated like shit or seen as an enemy. It's text book cult like mentality.

[clockwork-ashes]

7 for the Elucien week ask game! 💕

thank you for the ask 💕

7. i love elain and lucien being able to relax for a little while, and travel around prythian and the continent!!!

[listen-to-the-inner-walrus]

me, listening to a podcast about a guy in prison based entirely on a coerced confession: what do you mean the members of the jury still think hes guilty now that they know about coerced confessions??? did you not hear four police officers interrogating and shouting at a 19-year-old while hes sobbing through a story inconsistent with the actual evidence???? there was no other evidence, how do you still think hes guilty???

me, ten minutes later: ...oh, right. if they say hes not guilty, that means they sent an innocent kid to prison. yeah, now that uh makes sense.

[peppermintquartz]

"isn't it time you forgave (friend who defended homophobic ruling in a local case and showed they were a bigot)? It's been so many years."

Well, see, (1) they haven't apologized although I've made my stance perfectly clear re: being an actual queer person and that I stood with queer families, fuck the law,

and (2) made zero attempts to do so when they were able to contact me, nor have they asked our mutual friends to convey their apology now that I have them blocked

and (3) I owe them nothing. Not my forgiveness, not my space, not my time.

[izzysarchivedblogs]

Okay, but there's something about Clint who in general hates space

Being a pilot

And going into navigations in ST au

Cause he is just a little lost boy

Lost boy. Navigations. Pilot. There's poetry there.

But you ever point that out and he will glare

[liesonthefloordramatically]

Obligatory roundup of tabletop characters I played this year:

Vyv (they/them), a cleric of The Twins in yumgeon (a homebrew Dungeon Meshi-inspired campaign)

Amber (she/her), The Old Soul in a game of Wickedness

Endurance Perez (she/her), a Teamster pilot in Mothership

Not pictured:

Poggs "The Slammer" Mulroney (they/them) in Doing the Job

(Links to icon makers: one, two, and three.)

[stargirlfeyre]

Y’all call Feyre a bad ruler more than y’all give evidence of her actually being one.

[seemabhatnagar]

"Rajasthan High Court Ensures Justice: Employee Entitled to Full Benefits for Suspension Period"

➡️The petitioner, Chandra Prakash Bharadwaj, was employed as a Stenographer Grade-I by the Rajasthan Financial Corporation (RFC).

► He was placed under suspension on August 22, 2011, following his arrest and criminal prosecution under several provisions of the IPC, Immigration Act, and Passport Act.

► The petitioner was acquitted of the charges on March 12, 2015, with the benefit of the doubt.

► RFC revoked his suspension on June 15, 2015, and entitled him to his last drawn salary for the suspension period. However, RFC withheld annual grade increments and arrears through an order dated August 28, 2015.

► The petitioner retired after attaining the age of superannuation and filed this writ petition challenging the order withholding increments and arrears.

#Suspensionperiodbenefits #Employeerights

➡️ The primary legal issue in this *Case was whether the petitioner is entitled to arrears of salary and annual grade increments during the period of suspension, despite the absence of departmental charges or inquiry and his acquittal in criminal proceedings.

#Acquittalandreinstatement #PensionRevision

➡️The petitioner referred to the judgment passed in Rajendra Singh Gehlot v. RFC and Prem Shankar Verma v. RFC where employees were granted financial benefits during suspension.

► Contended that withholding increments and arrears violated the law and applicable regulations.

➡️The Respondents opposed the petition but could not provide legal justification for withholding monetary benefits.

► The Respondent admitted that no charge sheet or departmental inquiry was initiated against the petitioner.

#financialentitlements

➡️The High Court observed that

► the petitioner’s suspension was not followed by any departmental inquiry or charge sheet.

► The petitioner’s acquittal and the absence of any departmental inquiry rendered the suspension unjustified for withholding increments and arrears.

► Rule 37-A of the Rajasthan Service Rules and RFC (Staff Regulations), 1958, does not support withholding increments during the suspension period.

► Precedents establish the entitlement of employees to full financial benefits during suspension if no misconduct is proven.

► The precedents cited by the petitioner were applicable, and RFC’s actions were found contrary to established legal principles.

➡️The Court partly allowed the petition, ordering:

► Quashing the RFC’s order dated August 28, 2015, concerning the withholding of increments.

► Payment of arrears for the suspension period with 6% interest within six weeks.

► Notional benefits of annual increments during the suspension period, with corresponding revisions to the petitioner’s pension and payment of actual benefits.

*Case ⬇️

Chandra Prakash Bhardwaj v. Rajasthan Financial Corporation

Writ Petition No. 18159/2019, Before the High Court of Rajasthan at Jaipur

Heard by Hon'ble Mr. Justice Sudesh Bansal J