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Judgment Search Results Home > Cases Phrase: scheduled castes and scheduled tribes orders amendment act 2002 section 3 amendment of scheduled castes ordre Court: jharkhand Page 1 of about 15 results (0.132 seconds)

Apr 11 2007 (HC)

Nawal Kishore Upadhya and ors. Vs. Panpati Loharin

Court : Jharkhand

Reported in : 2008(56)BLJR975; [2008(2)JCR85(Jhr)]

..... bihar and ors. and its analogous cases, reported in 1994 (2) pljr 540, that lohars are not covered by article 322 part-iii of the scheduled castes and scheduled tribes order, 1950 (amendment act 1976). the decision overruled the earlier decision of the said court. he submitted that there is no iota of evidence to ..... the community which claims the status as scheduled caste or scheduled tribe, was, in fact, included in the concerned schedule, the court is devoid of power to include in or excise from or substitute or declare synonyms to be of scheduled caste or scheduled tribe or parts thereof or group of such caste or tribe. in the said decision, ..... for the respondent. the applicant-respondent claims her caste as 'lohar'. her caste is not included in the list of scheduled tribes, specified by the president of india under the scheduled tribes and scheduled castes order 1950. it has been clearly held by the full bench in bihar lohar (scheduled tribes) utthan mahasabha (supra) that lohars are .....

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Aug 05 2008 (HC)

Surendra Sharma Alias Surendra Prasad Sharma Vs. Stephen Marandi

Court : Jharkhand

Reported in : 2008(57)BLJR117; [2008(4)JCR260(Jhr)]

..... ' in hindi version synonyms of 'lohara' in english version, could not be disturbed even by the apex court.10. admittedly the list of scheduled castes and scheduled tribes published by the union of india in consultation with the parliament and the state government is final. it is also admitted fact on record that ..... attempts successively made by different communities in the country to wear the mask of status either of scheduled castes or scheduled tribes to secure constitutional benefits or reservations and other economic empowerments, intended for the scheduled castes and scheduled tribes and meant for the latter to accord to them economic, social and cultural advancement. ..... in the andhra pradesh high court decisions noted in the judgment of the bench, jangama, backward class sought to be recognized as scheduled caste taking the name as bedajangama or budagajangama, a scheduled caste. equally holva tried to be holuva, i.e. from obc to st. those attempts were judicially negated. this case is .....

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Jun 18 2003 (HC)

Anirudha Golder Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2003(3)JCR358(Jhr)]

..... the chief commandant, mana camp on 11th july, 1973 indicating his caste as 'namasudra', which is recognized as a scheduled caste under the scheduled caste and scheduled tribes list (modification) order 1957 read with scheduled caste and scheduled tribes order (amendment) act, 1956 and the constitution (jammu and kashmir) scheduled caste order, 1956 and the constitution (andaman and nicobar island) scheduled tribes order, 1956.3. further case of the petitioner is that ..... father amiya kumar golder migrated from east bengal i.e. east pakistan (now bangladesh). thereby, the petitioner cannot derive any advantage if the 'namasudra' of west bengal is declared a scheduled caste.after migration, the father of petitioner was in mana camp, in the then madhya pradesh (now in chhatisgarh). subsequently, father of the petitioner came to join his service at ranchi .....

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Mar 25 2004 (HC)

Sridhar Chandra Mal Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2004(2)JCR506(Jhr)]

..... a state in consultation with the governor of that state is conclusive and the court cannot give a declaration that a particular caste comes within scheduled tribe or scheduled caste. in the case of action committee on the issue of caste certificate to scheduled caste and scheduled tribe in the state of maharashtra v. union of india and anr., 1994 (5) scc 244, the apex court held that ..... the power given under articles 341 and 342 of the constitution is limited to specifying the castes or tribes which shall, for the purpose of the constitution, be deemed to be scheduled castes on scheduled tribes in relation to a state or a union territory. once a notification is issued, the parliament can, by law, include or .....

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Mar 25 2004 (HC)

Shridhar Chandra Mal Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2004(2)BLJR1022

..... a state in consultation with the governor of that state is conclusive and the court cannot give a declaration that a particular caste comes within scheduled tribe or scheduled caste. in the case of action committee on the issue of caste certificate to scheduled caste and scheduled tribe in th state of maharastra v. union of india and anr., 1994 (5) scc 244, the apex court held that ..... the power given under articles 341 and 342 of the constitution is limited to specifying the castes or tribes which shall, for the purpose of the constitution, be deemed to be scheduled castes or scheduled tribes in relation to a state or a union territory. once a notification is issued, the parliament can, by law, include or .....

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Oct 31 2006 (HC)

Brij Bihari Ram and Kanayya Prasad Vs. Steel Authority of India Limite ...

Court : Jharkhand

Reported in : [2007(2)JCR150(Jhr)]

..... an ex- mla and patron of bihar rajya pan, tanti, swasi, bunkar samaj, bihar, annexure-6 notification dated 25/09/1956, i.e. the scheduled caste and scheduled tribes orders (amendment) act 1956 and the letter dated 09/04/1958 as contained in annexure-7 issued by the special officer, district board, singhbhum, ..... is no scope to hold that the petitioners, who belong to 'tatwa' by caste, belong to the scheduled caste category. there is no dispute of the proposition that a declaration of a particular caste and community in the category of scheduled caste and scheduled tribes or backward classes is completely within the domain of the legislatures under the ..... same treatment and secondly, that the petitioners are by caste 'tatwa' which is a sub-caste of 'tanti' and the caste tanti' comes under the category of scheduled caste and, therefore, the caste of 'tatwa' which is a sub-caste of 'tanti' also comes under the category of scheduled caste.7. the petitioners in support of such submissions relied .....

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Feb 29 2008 (HC)

Uday Shankar Ojha and ors. Vs. Jharkhand State Election Commission and ...

Court : Jharkhand

Reported in : [2008(2)JCR249(Jhr)]

..... view of the defects in the electoral rolls and delimitation of constituencies and also on the ground of arbitrary reservation of constituencies for women, scheduled castes, scheduled tribes and backward classes, the process of election should be postponed. the lucknow bench of the allahabad high court dismissed the petitions. however ..... as contained in article 243t of the constitution. sub-section (3) of section 13 provides the procedure for filling up seats reserved for scheduled castes, scheduled tribes and backward classes. firstly, such reserved seats shall be allotted by rotation to different constituencies in the municipality and that while reserving the ..... undisputedly, despite existence of municipalities and other such institutions, there was no sufficient representation of the weaker sections of the people belonging to scheduled castes, scheduled tribes and women and they were always found to be suppressed community. in many states, local bodies became weak and ineffective for since .....

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May 13 2008 (HC)

Shivanand Roy and ors., Mahendra Prasad and anr., Motilal Singh and Sh ...

Court : Jharkhand

Reported in : [2008(3)JCR439(Jhr)]

..... ) of the said act has been challenged by the petitioners. the said section provides that 'in case of non-availability of suitable candidates from scheduled castes and scheduled tribes for appointment and promotion against the reserved vacancies, the reservation for them in the vacancies shall continue for three recruitment years and if suitable ..... 77th amendment act, 1995 has inserted clause 4(a) in article 16 of the constitution providing for reservation in promotion to the members of scheduled castes and scheduled tribes. that amendment was introduced in the constitution in order to overcome the judgment of the supreme court in indra sawhney case where it was ..... in section 4(6)(a) of the jharkhand reservation act, thus, cannot be questioned. the impugned notification giving promotion to the members of the scheduled castes and scheduled tribes is in accordance with the provisions of law as also in accordance with the provisions of the constitution 85th amendment act. 2001 and the .....

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Sep 02 2005 (HC)

Dhananjay Mahto and ors. Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2005(4)JCR1(Jhr)]

..... of three tier level; village, intermediate & district. for the purpose of reservation of seats of panchayats in favour of scheduled castes and scheduled tribes while population of scheduled castes or scheduled tribes of that panchayat to be broken, for the purpose of reservation of the offices and seats of chairpersons in the ..... : [1985]2scr224 , the supreme court held that principle of distributive justice can be made applicable in favour of weaker sections, such as, scheduled castes, scheduled tribes and backward classes. the constitution permits and directs the state to administer distributive justice.54. the legislatures having full power to come up ..... responsive people bodies, due to a number of reasons, including absence of regular election, prolonged supersession, insufficient representation of weaker section like scheduled casts,' scheduled tribes and women, inadequate devolution of powers and lack of financial resources. keeping in view such statement of objects and reasons, a new .....

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Dec 03 2016 (HC)

Sharwan Kumar Agrawalla and Ors Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... a fresh report from the registrar general in the light of the patna high court judgment and the provisions of section 14 & 14-a of the scheduled caste and scheduled tribe (prevention of atrocities) amendment act, 2015 be called for with regard to the status as to whether -6- special court and exclusive special ..... judgeships, but the report failed to take into consideration that the scheduled caste and scheduled tribe (prevention of atrocities) act, 1989 has been amended by the scheduled caste and scheduled tribe (prevention of atrocities) amendment act 2015 (no. 1 of 2016), which has received the assent of the ..... the minutes of the standing committee dated 17.01.2012 regarding vesting of power upon the district & sessions judge-i, to try the cases of scheduled caste and scheduled tribe (prevention of atrocities) act. under the aforesaid minutes, power has been vested / fixed upon the district judge-cum-additional sessions judge in all .....

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