Judgment Search Results Home > Cases Phrase: constitution scheduled castes orders second amendment act 2002 schedule iv fourth schedule Court: kerala Page 1 of about 224 results (0.450 seconds)

National Adivasi Federation Vs. Union of India

Court : Kerala

..... 1981. exhibit p4. true copy of the report of kirtads vide no.tc 616/81 dated 04 08.1981. exhibit p5. true copy of the scheduled castes and scheduled tribes orders (amendment) act, 2002 published in the gazette of india dated 08 01.2003. exhibit p6. true copy of the letter no.d1-1279/09 ..... was issued by the president invoking the power and procedure under article 342(1) of the constitution of india. subsequently, based on various studies as to the socio-economic status of the ..... caste status of 'marati' community of kerala, recommending their re-inclusion as a scheduled tribe community by way of legislative amendment, is the subject matter of consideration.2. the sequence of events as narrated in the writ petition shows that the community by name 'marati' was earlier included in ext. p1 constitutional order as a scheduled tribe community. this order .....

C. Sunil Krishnan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1997Ker62

..... of ext. p16, the petitioner approached this court with the present writ petition for a declaration that he belongs to the thandan community referred to in the constitution (scheduled caste) orders, 1950 as amended by the scheduled caste and scheduled tribes orders (amendment) act, 1976 and for the issuance of a writ of mandamus directing the second respondent to certify that the petitioner belongs to the thandan community ..... malabar area, that section is also entitled to be treated as a scheduled caste, for thandans throughout the state are deemed to be a scheduled caste by reason of the provisions, of the scheduled castes order as it now stands. once thandans throughout the state are entitled to be treated as a scheduled caste by reason of the scheduled castes order as it now stands, it is not open to the state .....

Suresh Vs. State of Kerala

Court : Kerala

Reported in : 2005(1)KLT848

..... post of president of the grama panchayat. question is whether such a reservation to women belonging to scheduled caste/scheduled tribe is justified or not. can there be any discrimination between men belonging to scheduled caste/scheduled tribe and women belonging to scheduled caste/scheduled tribe communities is the bone of contention. constitution permits special reservation for women in contra distinction to men. article 243d(2) states that not less ..... this country have been socially and economically handicapped thereby they are unable to participate in the socio-economic activities of the nation on a footing of equality. it is in order to eliminate this socio economic backwardness of women and to empower them in a manner that would bring about effective equality between men and women that article 15(3) has .....

P. Raveendranath, Khargone District Vs. State of Kerala, Rep. by Its S ...

Court : Kerala

..... by virtue of inclusion in the list, were liable to be treated as members of scheduled caste and if at all any distinction was to be made, it was for the state to take appropriate steps by virtue of the course stipulated under article 341 of the constitution. the issue in this regard is also covered by the decisions of two ..... would be pursued without serving a notice to him. this was followed by ext.p13 show-cause notice issued by the 5th respondent and also ext.p14 government order dated 15.03.2011 based on the report of the second respondent providing for further course of action including termination of service of the petitioner. prosecution steps and ..... also as to the infringement of the principles of natural justice in connection with the enquiry stated as pursued by the scrutiny committee. 6. by virtue of the interim order passed by this court as borne by ext.r4(h) (produced along with the counter affidavit of the 4th respondent in this writ petition), the petitioner was permitted .....

indira Vs. State of Kerala

Court : Kerala

Reported in : AIR2006Ker1; [2006(2)JCR276]; 2005(4)KLT119

..... a combined reading of article 366(24) and 341 of the constitution showed that members of the caste specified in the presidential notification alone are entitled to be treated as scheduled caste and that the parliament alone is given power to exclude any caste from the presidential notification. learned judge also held that government order g.o.(ms) 11/77/dd dated 25.1.1977 to ..... a member of sc/st.19. therefore, if father belongs to scheduled caste/scheduled tribe the child may inherit his caste from his father by operation of personal law. even then, in order to get the benefit of article 15(4), 16(4) or 16(4a) read with articles 341 and 342 of the constitution, the person has to further establish that he still uses the .....

Nair Service Society Vs. State of Kerala

Court : Kerala

..... terms of equality with others in respect of jobs and employments of the state. our constitution so enjoins it. art.38 of the constitution read with art.14, 15 and 16 so mandates it. in order, therefore, to give those who are unequals, and it is accepted that scheduled castes and scheduled tribes for reasons historical or otherwise, are unequal with the general members of the ..... the respondents in which special provision with regard to scheduled castes and scheduled tribes made with regard to subject matter other than admission in educational institutions. in moosa v. state of kerala air i960 ker 355, an order acquiring land for constructing a colony for harijans was held valid under article 15 (4) of the constitution. similarly the case of pavadai gounder and ors. v .....

State of Kerala Vs. Subbayyan

Court : Kerala

Reported in : 2006(1)KLT182

..... the extract of the judgment, we see that the word used by the supreme court is 'specified' in two states. that word 'specified' refers to specified in the constitution (scheduled castes) order 1950 and constitution (scheduled tribes) order, 1950 for both states. therefore, in the underlined portion, the supreme court was definitely dealing with a situation where in both states a community of the same nomenclature was ..... originally a native of palayamkottai village in dindigal taluk in the state of tamil nadu. he belonged to the caste hindu-pallan. hindu-pallan caste of tamil nadu was recognised as a scheduled caste in that state as per the constitution (scheduled caste) order, 1950. accordingly, he and his family were treated as scheduled caste members in the state of tamil nadu and they were enjoying the benefits applicable to .....

Kerala Pattika Jathi Samrekshana Samithy and anr. Vs. State of Kerala ...

Court : Kerala

Reported in : AIR1995Ker337

..... was satisfied that modifications were necessary and, if after appropriate enquiry, the authorities were satisfied that a medication was required, an amendment could be undertaken as provided by the constitution. however, the scheduled castes order has to be applied as it stands and no enquiry can be held or evidence let in to determine whether or not some particular community falls within it or ..... in the year 1950, under article 341 of the constitution, thandan caste in the travancore-cochin state was included as one of the scheduled castes or tribes at serial no. 22. the order of the president, in so far as the then state of madras is concerned, did not include thandan caste as one of the scheduled castes in that state. consequent on the re-organisation of the .....

State of Kerala and anr. Vs. Scheduled Caste-scheduled Tribe Welfare S ...

Court : Kerala

Reported in : AIR2007Ker158

..... economic interests of the weaker sections of the society, and in particular, scheduled castes and scheduled tribes, the denial of right to education to the people of that area would be a social injustice to them and would amount to violation of the constitutional mandate. it is in this context we chose to start this judgment by ..... considered as and when government takes a general policy decision to open/upgrade aided schools in the state. ex. p33 order was challenged in w.p. (c) no. 6706/2006 by the society. a society, by name, scheduled caste, scheduled tribe welfare society of kerala also filed w.p. (c) no. 6636/ 2006 challenging the very same ..... upgradation of the school has already been established. there are certain unavoidable circumstances which led to the issuance of ext. p-25 order. in melmuri village in malappuram district there are six scheduled castes colonies and no high school within a radius of 7 kms. the area is socially economically and educationally backward. the director of .....

Commissioner of Income Tax Vs. Dhanalakshmi Bank Ltd.

Court : Kerala

Reported in : 2003(2)KLT1076

..... that when under the provisions of sub-section (3) penal interest at the increased rate of five percent, above the bank rate has become payable by a scheduled bank, if thereafter the average daily balance held at the bank during the next succeeding fortnight is still below the prescribed minimum, (a) every director, manager ..... act is an allowable deduction under the income tax act. we direct the tribunal to determine the appropriate portion after hearing the parties and then pass consequential orders'.it was further observed as follows:for determining the controversy whether the payment is penal or compensatory, it is necessary to examine the provisions of the ..... the income tax act to decide with reference to the provisions of the employees' provident funds & miscellaneous provisions act and the reasons given in the order imposing and quantifying the damages to determine what proportion should be treated as penal and what proportion as compensatory. the entire sum can neither be considered .....