TODAY'S LEGAL TABLET.

14 AUGUST 2021

The Career Empire

Judiciary | LL.B Entrance | IAS.
Rajouri Garden,Call:9268322688
New Delhi. www.thecareerempire.com

 Vocabulary of the day

1. IGNORAMUS (NOUN): (मूखर्) stupid
Synonyms: imbecile, dimwit
Antonyms: intellect, brainy
Example Sentence:
Balli is an ignoramus man.
 
2. DIRTBALLS (NOUN): (बहका हुआ/ भटका हुआ) creep
Synonyms: deviant, sleazebag
Antonyms: standard, usual
Example Sentence:
Their group is seen as a bunch of dirtballs and liars.
 
3. NOUS (NOUN): (प्रज्ञा) common sense
Synonyms: practical intelligence, intellect
Antonym: nonsense, stupid
Example Sentence:
He has a lot of nous.
 
4. CEDE (VERB): (आत्मसमपर्ण करना) surrender
Synonyms: capitulate, hand over
Antonyms: hold, maintain
Example Sentence:
Extradited liquor baron had to cede before Indian government.
 
5. GLIMPSE (VERB): (झलक पड़ना) glance
Synonyms: flash, sight
Antonyms: stare, glare
Example Sentence:
Ramya glimpsed a figure standing in the shade.

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THE CAREER EMPIRE-RAJOURI GARDEN

HEADLINES TODAY

1. Kerala court allows Sister Lucy to stay at

FCC convent
2. Kerela HC dismisses PIL seeking direction
to disallow screening of movie "Eesho"
3. Raj Kundra moves Bombay High Court for
anticipatory bail in 2020 porn film FIR
4. Relief can't be denied on ground that
accused will jump bail, surety meant for very
purpose of ensuring presence of accused:
Delhi Court

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Today's legal Tablet

1. Kerala court allows Sister Lucy to stay at FCC

convent
A court here has allowed sister Lucy Kalappura to stay at
the convent of the Franciscan Clarist Congregation
(FCC) until the case regarding her eviction is decided.

Sister Kalappura told that the Munsiff court at

Mananthavady on Friday allowed her prayer to stay at
the convent till the matter before the court is disposed of.

She further said a detailed order is awaited.

Recently, the Kerala High Court had said police

protection against eviction cannot be provided to
Kalappura, who has been expelled from the FCC for
alleged violations of its rules, at the Karackamala
convent, where she is presently staying.

The nun, who had argued her case in person, told the
high court that she has challenged the order of eviction
against her before a civil court and till that is decided she
wishes to continue staying at the convent. The court had
referred the case back to the Munsiff court.

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The High Court had said that her life and property can
be protected by the police at any other place of
residence, but not at the convent.

She had told the High Court that it may withdraw the
police protection granted to her, but she should be
allowed to stay at the convent as she has no other place
to go to. Sister Kalappura, who took part in a protest by
nuns belonging to Missionaries of Jesus Congregation
seeking the arrest of Bishop Franco Mulakkal, accused
of raping a nun, was expelled by the FCC under the
Roman Catholic Church in August 2019. The
congregation, in its notice, had termed as "grave
violations" Sister Lucy possessing a driving licence,
buying a car, taking a loan for it and publishing a book
and spending money without the permission and
knowledge of her superiors and the Vatican had ratified
the decision. However, Sister Kalappura has denied the
charges levelled against her by the congregation, saying
many of them were a "deliberate attempt to paint her in
bad light.

2. Kerela HC dismisses PIL seeking direction to

disallow screening of movie "Eesho"
The Kerala High Court dismissed a public interest
litigation filed by a Christian association seeking a
direction to disallow the screening of Nadirshah-directed
movie "Eesho".

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A bench headed by Chief Justice S Manikumar
dismissed a writ seeking direction to the central
government not to issue a censor certificate to the
Malayalam film, saying the court cannot interfere.

The petition was filed bythe Christian Association and
Alliance for Social Action (CASA).

Eesho is the Malayalam word for Jesus.

The court said it cannot interfere in the matter simply

because the title of the movie is the name of a God.

Earlier, the Kerala Catholic Bishops' Council (KCBC) had
said that there was a tendency seen in the art and
cultural field to "demean" the Christian community.

"It does not go well with a civilised society to demean the

symbols and beliefs of any particular religion. Concerned
persons should take necessary steps in this regard," the
statement had said.

A few youth organisations of the Christian community
had raised objections with a name given to an upcoming
film saying it was affecting their religious sentiments.

3. Raj Kundra moves Bombay High Court for

anticipatory bail in 2020 porn film FIR
Businessman Raj Kundra has moved the Bombay High
Court seeking anticipatory bail in connection with a First

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Information Report (FIR) of 2020 which has charged
certain online platforms of publishing obscene videos.

Kundra is already in custody in relation to a 2021 FIR

registered for similar offences.

The October 2020 FIR was registered on a complaint by

a retired custom and central excise officer to the Cyber
Crime department of Mumbai Police in connection with
broadcasting of nude erotic content on OTT platform.


The offences arraigned in the FIR were Sections 292,
293 (sale of obscene material) under the Indian Penal
Code, Sections 66E, 67, 67A (transmission of sexually
explicit material) under the Information Technology Act
and provisions of the Indecent Representation of Women
(Prohibition) Act.

Kundra submitted that he was falsely implicated in the

case while the Cyber Cell was making an attempt to
connect him with the crime.

Kundra submitted that one Saurabh Kushwa insisted

that Kundra invest in his venture which is engaged in
providing digital platform to celebrities, artists, creators to
engage with their fans.

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Kundra invested in the venture as a sleeping partner but
was associated between February 2019 to December
2019 only.

He submitted that one of the applications created by the

venture was Hotshots which till date had nothing to do
with pornography or contents which are within the
purview of an offence.

He submitted there is not a single iota of evidence with
the prosecution to connect Hotshot app with the offences
alleged as none of the actresses that were arraigned as
accused in the case had raised any grievance.

"It is only now, for the reasons best known to the
investigative agencies, the applicant (Kundra) is being
made a scapegoat," the application stated.

Kundra was arrested in a similar FIR of 2021 registered

by the Crime Branch with similar offences. The
allegations in the chargesheet filed in the 2021 case and
the present FIR are identical, he said, causing him
apprehension of arrest in the present case as well.

Kundra claimed to have appeared before the police

when he purportedly submitted of not having links to the
alleged offence, as he had exited from the company.

He also submitted to the police all relevant documents
about the investments made and his exit from the
company.
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He stated that at this juncture custodial investigation is
not required and he is willing and ready to co-operate
with the police.

Kundra moved the High Court after a Mumbai Sessions

Court recently rejected his anticipatory bail application.

4. Relief can't be denied on ground that accused

will jump bail, surety meant for very purpose of
ensuring presence of accused: Delhi Court
A man booked under Section 498A (woman’s husband or
relative of husband subjecting her to cruelty) and Section
377 (unnatural offenses) of the IPC was granted bail.
Relief can't be denied on ground that accused will jump
bail, surety meant for very purpose of ensuring presence
of accused: Delhi Court

The accused, in this case, was booked under Section

498A (woman’s husband or relative of husband
subjecting her to cruelty) and Section 377 (unnatural
offences) of the Indian Penal Code (IPC).

Metropolitan Magistrate Shilpi Singh observed that the

investigation with respect to the accused was completed,
further noting that the ground for opposing the bail was
the apprehension of his jumping bail.

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“This ground cannot be considered for denying bail to
the accused as the surety is sought for this very
purpose, i.e to ensure the appearance of the accused
and an apprehension that the accused may jump the bail
is not sufficient enough to decline the application
especially where the accused has clean antecedents,”
the court held.

Senior advocate Pramod Kumar Dubey, along with
advocates Bharat Ahuja, Jayant Mudgal, Kaustubha
Chouhan and Vikalp Sharma, contended that that the
investigating officer (IO) searched the premises of the
accused and found nothing incriminating. Dubey also
submitted that his client had no previous criminal record
and deserved bail.

The IO, on the contrary, said the accused was arrested
as he was not cooperating in the investigation. He added
that when the premises of the accused was searched to
recover the jewellery of the complainant, it was learnt
that the complainant had already taken her jewellery
along with her.

The complainant’s counsel, Arun Bali said bail should not
be granted to the accused as he had mercilessly
assaulted the complainant and was booked for the
offence under Section 377, IPC.

However, the court pointed out that no medico-legal
case (MLC) record was filed along with the reply of the
investigating officer (IO) to substantiate the allegation of

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“unnatural offences” and that he could not form an
opinion that the allegations are true or false at the
present stage.

In addition, the medical documents to demonstrate that

the complainant was assaulted was also stated to have
been not filed along with the reply of the IO.

The counsel for the accused, however, sought the

permission to share the medical records virtually.

“Perusal of the documents shows that the MLC is neither

stamped nor signed by the doctor,” the court stated.

The IO was again questioned by the court on the aspect

of verification of the MLC as the documents stated that
the complainant had suffered injuries.

The Additional Public Prosecutor for the State strongly

opposed the bail application, arguing the allegations
were serious.


“Since the investigation is completed qua the accused
and no other evidence has been placed on record to
show that the accused is in possession of Stridhan
articles, accused is granted bail on furnishing bail bonds
in the sum of Rs 50,000 with one local surety of like
amount,” the court finally ordered.


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The accused was directed to cooperate in the
investigation and appear before the court concerned
whenever summoned. He was also asked not contact
the complainant or visit her under any circumstance
besides being ordered not to change his address or
leave Delhi without the court's permission.

CURRENT AFFAIRS OF THE DAY

1. National scrappage policy to phase out unfit and
polluting vehicles
@mygovindia
· Addressing the summit, Mr. Modi said, the launch is a
significant milestone in India’s development
journey.
· The Scrappage Policy will give a new dimension to
India’s mobility with a new identity to its automobile
industry.



The Prime Minister said, the new policy will attract
the investment of around 10 thousand crore rupees
along with thousands of new employment.
· The new scrapping policy is an important link in the
circular economy and in the waste to wealth
campaign. Mr. Modi said normal families will be
greatly benefited by this policy in every way.

· The new policy reflects the commitment to achieving
fast growth along with reducing pollution and
protecting the environment in our cities.
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2. Govt to ban manufacture, sale and use of single-
use plastic items from 1st of July next year
· The Government has notified the plastic waste
management amendment rules 2021 prohibiting
identified single-use plastic items by 2022.
· Pollution due to single-use plastic items has become a
major environmental challenge.
· The manufacturing, import, stocking, distribution, sale
and use of several single-use plastics will be
prohibited with effect from the 1st of July of next
year.
· The thickness of plastic carry bags will be increased
from fifty microns to seventy-five microns with
effect from the 30th of September of next month
and to 120 microns with effect from the 31st of
December this year.
· India is committed to taking action for the mitigation of
pollution caused by littered single-use plastics.
· The waste management infrastructure in the States
and Union Territories is being strengthened through
the Swachh Bharat Mission.
· The Government has taken measures for awareness
generation towards the elimination of single-use
plastics and effective implementation of Plastic
Waste Management Rules.

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3. RBI cancels license of Raigad based Karnala
Nagari Sahakari Bank
· The Reserve Bank has canceled the license of Raigad
based Karnala Nagari Sahakari Bank Limited in
Maharashtra.
· In a press release, RBI said the bank has been
directed to cease all its operations from 13th
August.
· As informed by the Reserve Bank of India, the license
of Karnala Nagari Sahakari Bank was canceled due
to insufficient capital and earning prospects and its
continuance would have adversely affected
depositors.
· RBI has added that the Commissioner for Cooperation
and Registrar of Cooperative Societies,
Maharashtra has also been requested to issue an
order for winding up the bank and appoint a
liquidator for the bank.
· RBI has informed that 95 percent of the depositors will
receive full amounts of their deposits from Deposit
Insurance and Credit Guarantee Corporation.
· On liquidation, every depositor would be entitled to
receive deposit insurance claim amount of his/her
deposits up to a monetary ceiling of Five lakh
rupees.

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4. Four more sites of India added to Ramsar list as
wetlands of International importance.
· Prime Minister’s concern for the environment has led
to overall improvement in how India cares for its
wetlands: Shri Bhupender Yadav

· Four more wetlands from India get recognition from
the Ramsar Secretariat as Ramsar sites. These
sites are
Ø Thol and Wadhwana from Gujarat
Ø Sultanpur and Bhindawas from Haryana.

5. NDMC launches 'Cleancity' app to improve

sanitation
· North Delhi Mayor Raja Iqbal Singh launched a GPS-
driven mobile application 'Cleancity' that will allow
residents of the area to register complaints related
to picking of garbage by designated vehicles.

· The app has been launched ahead of the 75th
Independence Day.

· Singh and his South Delhi counterpart Mukesh Suryan
jointly hoisted the national flag at Civic Centre,
headquarters of both the north corporation and
south corporation, on Friday.

· The North Delhi mayor later launched 'Cleancity'

mobile app for the residents, officials said.

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· Singh said through this app, citizens can see GPS
location of garbage-lifting vehicles, register their
complaints and give suggestions to improve the
services.

· Citizens will be able to download the mobile app

through the Google Playstore and Apple store in a
few days, the NDMC said.

6. J&K LG performs 'Chhari Mubarak pujan'
· Jammu and Kashmir Lieutenant Governor Manoj
Sinha on Friday performed 'Chhari Mubarak pujan'
in connection with the Amarnath Yatra, an official
spokesman said.

· The LG performed 'Shri Amarnathji Chhari Mubarak
pujan' on Shravan Shukal Panchami in presence of
Mahant Deependra Giri ji, who is the custodian of
the saffron-robed holy mace of Lord Shiva, at

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 Mahadev Gir Dashnami Akhada .

· The holy mace will leave for its next destination and
reach the holy cave of Amarnath via Pahalgam
route following the Chhari Mubarak Yatra tradition.

· The traditional Chhari pujan began on Vyas Purnima
on July 24 at Pahalgam where Bhoomi Pujan and
Dhwajarohan ceremonies.


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