Judgment Search Results Home > Cases Phrase: protection of civil rights act 1955 Page 12 of about 24,827 results (0.081 seconds)

Raja Ram Ahirwar Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 2008(2)MPHT381

..... disqualified for registration in the electoral roll if he:(a) is not a citizen of india; or(b) is of unsound mind and stands so declared by a competent court; or(c) is convicted of an offence under the protection of civil rights act, 1955, unless a period of five years or such lesser period as the state government may allow in any particular case, elapsed since his conviction; or(d) is for the time being disqualified from voting under the provisions ..... years of age on the 1st day of january of the year in which the electoral roll for a ward is prepared or revised;(b) is ordinarily resident in the ward within the meaning of section 20 of the representation of the people act, 1950 subject to the modification that reference to 'constituency' therein were a reference to 'area comprised in ward'; and(c) is otherwise qualified to be registered in the assembly roll relatable to the ward;shall be entitled to be registered ..... that the learned single judge was not correct in holding in the impugned order that there was nothing in the 1961 act and the rules made thereunder which disqualified a person whose name is entered in voter list of gram panchayat, from ..... section 30 however provides that every person who is ordinarily resident in a ward within the meaning of section 20 of the representation of peoples act, 1950 shall be entitled to be registered in the electoral roll of that ward and the first proviso to section 30 only states that no person shall be entitled to be registered in .....

Shri Siri Chand, Sarpanch, Gram Panchayat Vs. the State of Haryana Thr ...

Court : Punjab and Haryana

Reported in : (1994)106PLR149

..... the gram panchayat; or(m) is, or has been during the period of one year preceding the date of election, in unauthorised possession of land or other immovable property belonging to the gram panchayat; or(n) has been convicted under the (protection of civil rights act, 1955) parliament act 22 of 1956), unless a period of four years has elapsed since the date of such conviction;(o) being a sarpanch or panch, has cash in hand in excess of that permitted under the rules and does not deposit the same ..... appointment in public service, except on medical grounds; or(g) is a whole time salaried servant of any local authority (or co-operative society) or state or the union of india; or(h) is registered as a habitual offender under the punjab habitual offenders (control and reforms) act, 1952; or(i) is an undischarged insolvent; or(j) has not paid the arrears of the tax imposed by the gram panchayat or the panchayat samiti (or any other due of the gram panchayat); or(k) is an employee of gram panchayat; or(l) is an tenant or lessee holding a ..... under investigation or trial and in the opinion of the director, the charge made against him is likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of character.sub-section (1-a) of section 102 of the act says that during the course of an enquiry, the director or deputy commissioner can suspend a panch for any of the reasons for which he has been removed.sub-section (1-b) says that a panch after suspension cannot .....

State of Gujarat Vs. Farukhbhai Ahmedbhai Shaikh

Court : Gujarat

Reported in : (1997)2GLR1400

..... 3(xi) & (xii) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1985, and sections 7(b)(d) and 10 of the protection of civil rights act, 1955, were at the end of the trial, so far as faruk ahmed shaikh was concerned, he was convicted for the offences punishable under sections 376 and 511 ..... does not merely mean that he should not be arrested illegally and unjustly and detained, but it has a second side of the coin also which extends to and takes in its sweep his further precious right of his name is not illegally and unjustly tarnished, stigmatized for ever by continuing the order of baseless conviction and sentence and that too on the wild allegations of being a member-accused of the gang- ..... case as it may, but that certainly does not mean that we as high court judges should conveniently shut out eyes to do justice and protect the legitimate interest of the accused once our conscience is fully satisfied that the convict had been a victim of totally false and malicious allegation ! ..... . we would like to sound a note of caution and warning that whenever and wherever the social benefit policy or act is enacted, the fruits of it does not necessarily and always go to the person for whom it is meant, in fact, in real life we often learn that regular rackets are going on to exploit and take disadvantage of government policy ..... the duty of the trial judge to see that he is properly protected, comforted and thereafter made to give evidence in the witness-box. .....

Lekh Ram Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1987HP61

..... ; or(m) is a tenant or lessee holding a tenancy or lease under the gram sabha or is in arrears of rent of any lease or tenancy held under the gram sabha, or is contractor of the gram sabha; or(n) has been convicted of an offence punishable under the protection of civil rights act, 1955, unless a period of six years has elapsed since his conviction;shall be entitled to stand for election as or continue to be, a pradhan,' up-pradhan or panch.' 11. ..... time salaried servant other than the persons employed casually or on daily wages, of any local authority of state government or the union of india; or(h) is registered as a habitual offender under the punjab habitual offenders (control and reform) act, 1952 as in force in the transferred territory; or(i) is an undischarged insolvent; or(j) has not paid the arrears of any tax imposed by the gram panchayat or the panchayat samiti; or(k) is an employee of sabha or gram panchayat; or(1) is a member of either house of parliament or of the ..... 30, 1986, to the petitioner to show-cause why he should not be suspended and debarred from discharging the duties of pradhan of the panchayat, within a period of seven days under section 54(1) of himachal pradesh panchayati raj act, 1970, (hereinafter referred to as the act) and under rule 77 of the himachal pradesh panchayati raj rules, 1971, for having been caught red handed by the inspector vigilance (anti corruption unit) while receiving illegal gratification from said .....

A. Gireeshkumar and Others Vs. State of Kerala Rep. by Public Prosecut ...

Court : Kerala

Reported in : 2012(3)KLT901; 2012(4)ILR(Ker)125; 2012(4)KLJ112

..... constitute an 'atrocity' against a member of the scheduled caste or scheduled tribe by a person not belonging to that caste or tribe, if the investigation reveals that some penal offence or any other offence arising out of 'untouchability' under the protection of civil rights act, 1955 is borne out on the materials gathered, prosecution for such offences can certainly be proceeded with against the offenders thereof. ..... the act has been intended to eradicate the evil of serious crimes committed against the members of the scheduled caste/schedules tribe for various historical, social and economic reasons denying them number of civil rights. ..... no such atrocity being imputed by the allegations raised, and as there is total and complete absence of factual basis to constitute the offences under sections 3(1)(ii) and 3(1)(x) of the act on the imputations levelled against the petitioners/accused, the criminal proceedings launched against them are liable to be quashed, is the submission of the counsel. ..... criminal proceedings against the petitioners for the offence of atrocity under sections 3(1)(ii) and 3(1)(x) of the act in crime no.231 of 2011 are quashed invoking the inherent jurisdiction of this court under section 482 of the ..... with the endorsement of the recipient, commissioner of police, to register a case on the basis of annexure 1 for the offence under section 3(1)(x) of the act, with annexure 2 communication, it was sent over to the sub inspector of police, vanchiyoor police station. .....

Union of India Vs. V. Sriharan @ ,murugan and ors.

Court : Supreme Court of India

..... convicts who have been imprisoned for life for murder in heinous cases such as murder with rape, murder with dacoity, murder involving an offence under the protection of civil rights act, 1955, murder for dowry, murder of a child below 14 years of age, multiple murders, murder committed after conviction while inside the jail, murder during parole ..... for life in terms of section 53 read with section 45 of the indian penal code meant imprisonment for rest of the life of the prisoner or a convict undergoing life imprisonment has a right to claim remission and whether as per the principles enunciated in paras 91 to 93 of swamy shraddananda (supra), a special category of sentence may be made for the very few cases where ..... the provisions of this constitution, the executive power of the union shall extend-- (a) to the matters with respect to which parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of india by virtue of any treaty on agreement: provided that the executive power referred to in sub-clause (a) shall not, save as expressly ..... as per section 435 of the code of criminal procedure, 1973 (in short the code ), the state government, while exercising its power under section 432 of the code, must act after consultation with the central government, accordingly, it requested to indicate the views of the union of india within three days on the proposal to release the seven persons mentioned above .....

Hitesh Verma Vs. The State Of Uttarakhand

Court : Supreme Court of India

..... under the circumstances, the existing laws like the protection of civil rights act, 1955 and the normal provisions of the indian penal code have been found to be inadequate to check these ..... object of the act is to improve the socio-economic conditions of the scheduled castes and the scheduled tribes as they are denied number of civil rights. ..... gerige pentaiah, one of the arguments raised was non- disclosure of the caste of the accused but the facts were almost 9 (2020) 4 scc72711 similar as there was civil dispute between parties pending and the allegation was that the accused has called abuses in the name of the caste of the victim. ..... are denied number of civil rights. ..... the appellant had sought quashing of the charge-sheet on the ground that the allegation does not make out an offence under the act against the appellant merely because respondent no.2 was a scheduled caste since the property dispute was not on account of the fact that respondent no.2 was a ..... further, the finding that the appellant was aware of the caste of the informant is wholly inconsequential as the 12 knowledge does not bar, any person to protect his rights by way of a procedure established by law.23. ..... since the matter is regarding possession of property pending before the civil court, any dispute arising on account of possession of the said property would not disclose an offence under the act unless the victim is abused, intimated or harassed only for the reason that she belongs to scheduled caste or scheduled .....

K Kumar Vs. State By Town Police

Court : Karnataka

..... under the circumstances, the existing laws like the protection of civil rights act, 1955 and the normal provisions of the penal code, 1860 have been found to be inadequate to check 28 these crimes ..... in gorige pentaiah, one of the arguments raised was non-disclosure of the caste of the accused but the facts were almost similar as there was civil dispute between parties pending and the allegation was that the accused has called abuses in the name of the caste of the victim. ..... they are denied number of civil rights. ..... the learned sessions judge proceeded to convict the accused under the provisions of section 3(1)(x) of the act, which reads as under: 3(1)(x) intentionally insults or intimidates with intent to humiliate a member of a scheduled caste or a 21 scheduled tribe in any place within public view; a plain reading of the said provision makes it clear, that the incidence of insult or ..... scc online sc1104 , this court held that in a case for applicability of section 3(2)(v) of the act, the fact that the deceased belonged to scheduled caste would not be enough to inflict enhanced punishment. ..... it is relevant to consider the basic ingredients of the offence under provisions of section 3(1)(x) of the act, which can be 23 classified as (1) intentional insults or intimidations with an intention to humiliate a member of scheduled caste/scheduled ..... section 3(1)(x) of the act is to improve the social and economical conditions of scheduled caste/schedule tribe as they have denied several rights. .....

Joseph Vs. The State Of Kerala

Court : Supreme Court of India

..... convicts who have been imprisoned for life for murder with rape, murder with dacoity, murder involving any offence under the protection of civil rights act 1955, murder for dowry, murder of a child below 14 years of age, multiple murder, murder committed after conviction while inside jail, murder during parole, murder in terrorist incident, murder in ..... jaideep gupta, learned senior counsel, appearing on behalf of the state, submitted that the petitioner cannot claim a fundamental right to be released on remission, and that the prayer sought in the writ petition for this court s direction to the government to release him was simply ..... that the petitioner had a legal right to be considered for remission given the safeguards of a convict under articles 20 and 21 of the constitution of india; this legal right was guaranteed by the prison act, and the rules framed under it.10 ..... relying on replies received (under the right to information act, 2005) from the respective jails in which the petitioner has been lodged counsel demonstrated that from 2000-2016, a total of 28 convicts sentenced to life imprisonment, who were involved in the murder of a woman, ..... such a legal right emanates from not only the prisons act but also from the rules ..... currently serving a life imprisonment sentence for a crime committed in 1996, punishable under sections 302 and 392 of the indian penal code (hereafter ipc ) approaches this court seeking to enforce his right under article 32 of the constitution of india. .....

Sri Shailesh Kumar V Vs. State Ofkarnataka

Court : Karnataka

..... hitesh verma (supra) examined the legislative intention behind the enactment of sc&st (poa) act and noted down the statement of objects and reasons which indicated that the existing laws like protection of civil rights act, 1955 and other provisions of the ipc were found to be inadequate to safeguard the interest and rights of members of sc and st as crimes have been committed taking advantage of their ..... so having regard to the intent and purpose of the law in place meant to protect the statutory and constitutional rights of the marginalized sections of the society, any such offence committed by a person other than a sc or st must have to have the requisite intention to insult and intimidate his counterpart for him to be ..... unless the investigation indicates or reveals intention of a person not belonging to scheduled caste or scheduled tribe to commit any of the offences under section 3 of the act, in order to oppress or insult or humiliate or subjugate or ridicule a member of scheduled caste or scheduled tribe as such person merely belongs to that caste, the offence under section 3 ..... while the act is essentially meant for protecting the members of scheduled caste or scheduled tribe from atrocity 2 2021 scc online kar 14896 15 or oppression, at the same, ..... that the investigating officer should be appointed by the state government after taking into account his past experience, sense of ability and justice to perceive the implications under the act and investigate along the right lines. .....