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HomeCriminal & Civil Judgement

Posts in category: Criminal & Civil Judgement

Madras High Court quashes sexual harassment FIR over consensual relationship

The Madras High Court quashed a sexual harassment case against a man, observing that it is natural for two individuals in love to hug and kiss each other, which cannot be construed as an offence.

22/11/2024
by POSHequili

Facts of the Case: The petitioner filed a Criminal Original Petition seeking to quash an FIR by the All-Women Police Station, Srivaigundam. The FI ...

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Delhi High Court cautions against frivolous sexual harassment claims

Delhi High Court urges lawyers to be mindful of not filing frivolous cases alleging sexual harassment

27/09/2024
by POSHequili

Facts:Petitioners’ Contention:Court’s Observations:Court’s Decision: Facts: This case pertains to two cross FIRs. The dispute involves a landlo ...

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Punjab & Haryana High Court warns about the impact of false sexual harassment

The Punjab & Haryana High Court stated that false sexual harassment allegations impose a significant psychological burden on innocent individuals who is accused.

09/08/2024
by POSHequili

Facts of the Case: The case revolves around a woman who filed a petition before the Punjab & Haryana High Court, seeking the registration of a ...

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Allahbad High Courts - 28th June 2024

The Allahabad Court stated that laws on sexual offenses being women-centric doesn’t mean the male partner is always at fault.

28/06/2024
by POSHequili

Introduction The Allahabad High Court affirmed the acquittal of a man who was charged with rape. The court highlighted that although rules regardi ...

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darling is sexual harassment

Calling Unknown Woman As ‘Darling’ Amounts to the Offence of using Sexually Coloured Remark- Calcutta High Court (Port Blair Bench)

08/03/2024
by POSHequili

Overview: X vs the State, (Case No: CRR 29 of 2023) is a revisional application challenging the order dated 21.11.2023 passed by Additional S ...

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dismisses rape case due to delay in filing FIR

SC dismissed a rape case stating that the FIR was filed 34 years post the alleged incident.

19/01/2024
by POSHequili

Introduction: The matter X v. The State of Assam and Another (Criminal Appeal No. 185 of 2024 arising from SLP(Crl.) No. 9142 of 2022) in the Supreme ...

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Victim compensation scheme

Application filed for Victim Compensation Scheme cannot be rejected due to technical limitation- ordered Punjab & Haryana HC in a gang rape case.

19/01/2024
by POSHequili

Introduction: The judgment in  X v. State of Punjab & Ors (CWP-8771-2016 (O&M))pertains to a writ petition seeking compensation for a ...

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gender specific legislations

Gandi Aurat’ not enough to constitute offence under Section 509 IPC: Delhi HC emphasizes on neutral approach while dealing with gender-specific legislations

13/11/2023
by POSHequili

Facts: In Varun Bhatia v. State and Another (CRL.REV.P. 1032/2018 & CRL.M.A. 48099/2018) an employee of HDFC Life Insurance filed a police com ...

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Acquittal due to benefit of doubt does not automatically mean that statements made against the accused are false

Acquittal due to benefit of doubt does not automatically mean that statements made against the accused are false – Delhi High Court

15/11/2022
by POSHequili

In the case of Sarvjeet Singh v State (NCT of Delhi) and Anr, ,  Sarvjeet Singh (Petitioner) had filed a petition in Delhi High Court under Sect ...

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IC can look into a POSH complaint

IC can look into a complaint even if it did not directly receive it – Rajasthan High Court

15/11/2022
by POSHequili

Three government officers (“Complainants”) filed a written complaint alleging sexual harassment at the workplace by the Director (“Petitioner”) of th ...

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POSH ACT COMPLAINT MECHANISM WORKS IN COORDINATION WITH CDA RULES

POSH Act complaint mechanism works in coordination with CDA Rules: Calcutta HC

16/07/2022
by POSHequili

This writ petition has been filed seeking a writ of mandamus to set aside the penalty order. The petitioner joined service as a Junior Executive ...

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Allahabad HC denies bail to lawyer accused of sexually harassing law student

Allahabad HC denies bail to lawyer accused of sexually harassing law student

27/05/2022
by POSHequili

A Bail Application under Sec-439 CR.PC. was filed for seeking enlargement on Bail during the trial with the case under offences punishable under Indi ...

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Leave for Appeal against Tarun Tejpal’s Acquittal Order Allowed

Bombay HC: Leave for Appeal against Tarun Tejpal’s Acquittal Order Allowed

24/04/2022
by POSHequili

Previously, Tarun Tejpal, the editor-in-chief of the Tehelka magazine, was accused of sexually assaulting his then colleague in the elevator of Bambo ...

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Privacy Guidelines for POSH Cases is Case Specific

Bombay High Court: Privacy Guidelines for POSH Cases is Case-Specific

18/04/2022
by POSHequili

The Bombay High Court (“Court”), on 17th March 2022, issued a subsequent order to its order dated 24th September 2021, in the judgment of the P vs A ...

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No Blanket Application of Maintaining Party Confidentiality in POSH Cases

Bombay High Court: No Blanket Application of Maintaining Party Confidentiality in POSH Cases

20/03/2022
by POSHequili

The Bombay High Court, on 24th September 2021, in the case of the P vs A & Ors, 2021 coherently laid down a set a guidelines condemning the discl ...

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Political Parties Not Required to Have an ICC

Kerala High Court: Political Parties Not Required to Have an ICC under POSH

18/03/2022
by POSHequili

The Kerala High Court (“Court”), on 17th March 2022, in the judgment of Centre for Constitutional Rights Research and Advocacy vs State of Kerala &am ...

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Film Production Units are Required to Constitute an ICC

Kerala High Court: Film Production Units are Required to Constitute an ICC under POSH Act

18/03/2022
by POSHequili

The Kerala High Court (“Court”), on 17th March, 2022, through the judgment of Women In Cinema Collective vs State Of Kerala, 2022 held that there did ...

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EFFECTIVE IMPLEMENTATION OF THE POSH ACT IN KERALA

Effective implementation of the POSH Act in Kerala

10/03/2022
by POSHequili

The petition was brought forward for the effective implementation of provisions of Sexual Harassment at Workplace (Prevention, Prohibition and Redres ...

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promt reconstitution of lcc under upon expiry

Kerala High Court Calls For Prompt Re-Constitution Of LCC Under Upon Expiry of It’s Term

10/03/2022
by POSHequili

A Writ Petition, Public Interest Litigation (PIL) was filed in Kerala High Court for directing the concerned authorities to take steps to reconstitut ...

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Six months jail for sexually harassing woman

Six months jail for sexually harassing woman by using abusive language and showing middle finger

31/01/2022
by POSHequili

On 3rd December 2021, in the case of Gaondevi Police Station vs. Aniket Vijay Patil, (“Case”), it was held by the Court of the Girgaon Metropolitan M ...

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Teacher Reinstated As The Posh Committee Did Not Adhere To The Requirements

Teacher reinstated as the POSH Committee did not adhere to the requirements: Calcutta HC

25/01/2022
by POSHequili

This writ petition has been preferred by the petitioner challenging the order dated 05.10.2021 passed by the Central Administrative Tribunal, Kolkata ...

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At POSHequili (POSH at Equilibrio Advisory LLP), we aim to support organisations and institutions striving to build Equitable & Safe Spaces through our focussed legal remedies and psychosocial support.

Primarily engaging with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH LAW) ...

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