January 15, 2022
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LEGAL
Catchup on key matters deliberated upon by the Indian judiciary.
Good morning! Supreme Court has said that taking custody of daughter-in-law's jewellery for safety can't constitute cruelty under Section 498A of the Indian Penal Code. A court in Kerala on Friday acquitted Roman Catholic bishop Franco Mulakkal of the charges of raping a nun in a convent in the southern state and more...
Cal HC wants SEC to defer Bengal civic polls
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Source: Inhouse illustration

One-liner: The Calcutta HC has asked the State Election Commission (SEC) to explore the possibility of postponing the civic polls to four municipal corporations by four to six weeks in view of a surge in Covid cases in West Bengal.

Need to know: In an order dated Jan 13, 2022, a division bench also directed the SEC to take a decision within 48 hours.

Surge in Covid cases: In response to a PIL, the bench observed that the SEC has to keep in mind the surge in Covid cases in the state, adding that there has been a massive spread in places like Chandannagar town and North 24 Parganas dt.

  • Earlier, the SEC had announced that elections to the Bidhannagar, Chandannagar, Siliguri and Asansol municipal corporations will be held on Jan 22. Bidhannagar falls in North 24 Parganas district

Looking forward: The court also observed that the SEC should also consider whether it is possible to hold free and fair polls in a peaceful manner in such a situation.

No cruelty in taking bride's jewels for safety: SC
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Source: Inhouse illustration

One-liner: Taking custody of daughter-in-law's jewellery for safety can't constitute cruelty under Section 498A of the Indian Penal Code, the Supreme Court has said.

Crux of the matter: A bench said failure to control an adult brother, living independently, or giving advice to adjust to sister-in-law to avoid retaliation can't constitute cruelty to the bride within the meaning of Section 498A of the IPC.

  • Section 498 A refers to husband or relative of husband of a woman subjecting her to cruelty. The case was lodged by a woman against her husband and in-laws for subjecting her to cruelty

Need to know: The apex court's observations came while hearing an appeal against an order passed by the High Court of Punjab and Haryana dismissing a plea by a man seeking permission to return to the US, where he is employed.

Nun rape case: Bishop Mulakkal gets acquittal
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Source: Inhouse illustration

One-liner: A court in Kerala on Friday acquitted Roman Catholic bishop Franco Mulakkal of the charges of raping a nun in a convent in the southern state.

Prosecution failed: As the prosecution failed to produce evidence against the accused, the Additional District and Sessions Court II, Kottayam, acquitted the bishop.

Driving the news: Mulakkal, 57, was accused of raping the nun multiple times during his visit to a convent in this district when he was the bishop of the Jalandhar diocese of the Roman Catholic church.

Verdict not acceptable: However, senior IPS officer S Harishankar, who had led the special investigation team in the rape case against the bishop, said the verdict was not acceptable and an appeal should be moved against it.

  • Echoing the same sentiments, the Public Prosecutor said despite the victim's statement, the verdict came out like this

On the other side: This could not be accepted, he said, adding that the verdict will be challenged in the higher court after getting the approval of the govt.