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HomeCriminal & Civil Judgement

Posts in category: Criminal & Civil Judgement

Madras High Court restrains Lenna Manimekalai and Susi Ganesan from talking to media

Madras High Court restrains Lenna Manimekalai and Susi Ganesan from talking to media in #metoo case

25/01/2022
by POSHequili

Justice Quddhose of the Madras High Court on 20.01.2022 restrained filmmaker and poet, Leena Manimekalai and film producer Susi Ganesan from going to ...

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Acquittal in criminal trial has no bearing on disciplinary proceedings

Supreme Court: Acquittal in criminal trial has no bearing on disciplinary proceedings

10/01/2022
by POSHequili

The Supreme Court on 3rd January 2022 in the matter of Maharashtra State Road Transport Corporation Vs. Dilip Uttam Jayabhay held ...

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Employee has no absolute right to be represented in departmental proceedings

Supreme Court: Employee has no absolute right to be represented in departmental proceedings through agent of his choice

10/01/2022
by POSHequili

The Supreme Court on 4th January 2022 in the matter of The Rajasthan Marudhara Gramin Bank (RMGB) & Anr. Vs Ramesh Chandra Me ...

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Express Acts of Sexual Harassment not mandatory under POSH Act

Tripura High Court: Express Acts of Sexual Harassment not mandatory under POSH Act

18/11/2021
by POSHequili

In VKR vs. The Union of India and Others, 2022, the Tripura High Court (“Court”) observed that the express mentioning of instances of sexual harassme ...

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High Court on sharing of sexually explicit images

Allahabad High Court on sharing of sexually explicit images / videos consensually taken

20/10/2021
by POSHequili

In the matter of Guruvinder Singh vs. State of UP and Ors.,while rejecting the bail application, the Allahabad High Court (“Court”) on ...

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Tarun Tejpal Judgement

Tarun Tejpal Judgement: Reflection on judicial decisions in sexual assault cases against women and way forward

18/10/2021
by POSHequili

The controversial Tarun Tejpal case has become the most sensational case of alleged rape and sexual assault at the workplace. The 527-page long judgm ...

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Zero FIR

Zero FIR: Right of a citizen to file FIR at any nearest police station irrespective of territorial jurisdiction

18/10/2021
by POSHequili

The First Information Report (“FIR”) is the first and the earliest information of the occurrence of an offence which must be registered and investiga ...

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Right To Life Of An Unborn

The Right To Life Of An Unborn Shall Also Be Considered As One Falling Within The Scope Of Article 21 Of The Constitution: Kerala High Court

06/09/2021
by POSHequili

In the matter of Indulekha Sreejith v Union of India and Ors., the Kerala High Court on 27th August 2021 observed that if the stage of pregnancy is s ...

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Section 509 of the IPC

Is Section 509 of the IPC a Meaningful Provision in Current Times?

12/08/2021
by POSHequili

Section 509 of the Indian Penal Code (IPC) is a bailable offence defined as: “Word, gesture or act intended to insult the modesty of a woman.— ...

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Termination Of Pregnancy Without Insisting On The Consent

Kerala High Court Permits Termination Of Pregnancy Without Insisting On The Consent Of The Intellectually Disabled Victim

28/07/2021
by POSHequili

In the matter of Kerala State Legal Services Authority v. Union of India & Ors., the Kerala High Court on 26th July 2021 permitted to terminate t ...

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Rakhi Tying As A Condition For Bail

Using Rakhi Tying As A Condition For Bail, Transforms A Molester Into A Brother, By A Judicial Mandate. This is wholly unacceptable: Apex Court

20/05/2021
by

In the matter of Aparna Bhat & Ors. v. State of Madhya Pradesh & Ors., the Supreme Court on 18th March 2021 condoned the use of reasoning/lan ...

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Rights of Persons with Disabilities under RPWD Act

Rights of Persons with Disabilities under RPWD Act, 2016

12/05/2021
by

The Rights of Persons with Disabilities Act, 2016 came into force on 27th December 2016 to give effect to the United Nations Convention on the Rights ...

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Governing Bodies Under Disability Rules

The Governing Bodies provided under the Rights of Persons with Disability Rules, 2017

12/05/2021
by

The Rights of Persons with Disabilities Act, 2016 came into force on 27th December 2016 to give effect to the United Nations Convention on the Rights ...

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Advisory Bodies under disability act

Advisory Bodies under the Rights of Persons with Disability Act, 2016

12/05/2021
by

The Rights of Persons with Disabilities Act, 2016 came into force on 27th December 2016 to give effect to the United Nations Convention on the Rights ...

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Distinguishing Between Surrogate and Natural Mother

Distinguishing Between A Surrogate Mother And A Natural Mother Would Result In Insulting Womanhood: Himachal Pradesh High Court

03/05/2021
by

The Himachal Pradesh High Court in the case of Sushma Devi v. State of Himachal Pradesh and Ors. was considering the question of whether a woman empl ...

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Testimony of Prosecutrix with Disability

The Testimony Of A Prosecutrix With A Disability Cannot Be Considered Weak Or Inferior – Supreme Court

29/04/2021
by

In the matter of Patan Jamal Vali v. State of Andhra Pradesh, the Apex Court on 27th April, 2021 held that the testimony of a prosecutrix with a disa ...

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Daughter Is Caught In The Crossfire Of Acrimony

Daughter Is Caught In The Crossfire Of Acrimony And Matrimonial Discord Between Her Parents: Bombay High Court

22/04/2021
by

In the matter of Vanisha v. XYZ & State of Maharashtra, the Bombay High Court on 20th April 2021 quashed the proceedings initiated by a mother (R ...

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termination of pregnancy

Kerala High Court on termination of pregnancy of minor beyond allowed limit for termination

21/04/2021
by

The High Court of Kerala in the case of XXX vs. Union of India, State of Kerala, The Superintendent, Medical College Hospital Manjeri and The Superin ...

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Sexual Harassment Implications On Victims

Time Has Come For Our Society To Understand The Sexual Abuse And Sexual-Harassment And Its Implications On Victims: Rouse Avenue District Courts, New Delhi

27/02/2021
by

In the matter of Mobashar Jawed Akbar v. Priya Ramani, the Court of Shri Ravindra Kumar Pandey, Rouse Avenue District Courts, New  ...

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Action Against Frivolous Complaints

Action Should be Initiated Against Those Who File Frivolous Complaints: Delhi High Court

25/02/2021
by

In Laishram Premila Devi & Ors. vs. The Sate & Ors. and Nirmala Khatri & Ors. vs. The State & Ors., the Delhi High Court on February ...

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recognition of fatherhood of child

Kerala High Court held that it is for the woman to recognize and decide on recognition of fatherhood of child

05/02/2021
by

The death is not the greatest loss in life. The greatest loss is what one dies inside us while we live – Norman Cousins Facts: The couple in this ...

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