Court : Karnataka Dharwad
..... punishments for offences of atrocities. (1) whoever, not being a member of a scheduled caste or a scheduled tribe, (w)(i) intentionally touches a woman belonging to a scheduled caste or a scheduled tribe, knowing that she belongs to a scheduled caste or a scheduled tribe, when such act of touching is of a sexual nature and is without the ..... promise of marriage but it was purely consensual between the complainant and the petitioner. he would further contend that merely because the complainant belongs to scheduled caste/scheduled tribe, the offences under the act are also laid against the petitioner. he would submit that permitting further proceedings would be contrary to the ..... consent or mitigate the offence. section 3(1)(w)(i) makes it an offence against a person who intentionally touches a woman belonging to scheduled caste or scheduled tribe and such act is of sexual nature without her consent. the explanation of consent depicts to be unequivocal voluntary agreement. the other offence .....
Tag this Judgment!Court : Karnataka Dharwad
..... the religious denomination to which the institution or any section thereof belongs. hence, the same mischief is perpetrated in denying membership to members of the scheduled castes and scheduled tribes , if the usages and practices of an institution managed by a hindu religious denomination - did not permit such persons from becoming members of their ..... be constituted according to the usage and practice prevailing therein" by reference to an alleged usage or practice in a notified institution a member of a scheduled caste or a scheduled tribe, can be indefinitely denied membership. and more particularly, it is categorically spelt out thus in section 2 (a) of section 25, thus : ..... of article 26(b) of the constitution of india. 74 as regards the constitution of the committee of management and exclusion of members of the scheduled caste and scheduled tribes, it was held as follows:- 66. the constitution of the committee of management is provided under section 25 of the act. the committee .....
Tag this Judgment!Court : Karnataka Dharwad
..... of atrocities and reads as follows: 3.punishment for offences of atrocities: (1)whoever, not being a member of a scheduled caste or a scheduled tribe,- (i) forces a member of a scheduled caste or a scheduled tribe to drink or eat any inedible or obnoxious substance; (ii) acts with intent to cause injury, insult or annoyance ..... quotes the judgment of the delhi high court. the delhi high court holds that the offshoot of wedlock between the scheduled caste/scheduled tribe female and a male belonging to forward community cannot claim scheduled caste/scheduled tribe status, unless he/she demonstrates that he/she has suffered 18 the disabilities suffered by the members of the community ..... p.c., wherein the petitioners were tried for offences p/u/s323 505, 506 r/w sec. 34 of ipc & sec. 3(1) (10) of schedule caste & schedule tribes (prevention of atrocities act), 1989. this criminal petition having been heard and reserved for orders on2102.2022, coming on for pronouncement this day, the court made .....
Tag this Judgment!Court : Karnataka Dharwad
..... the religious denomination to which the institution or any section thereof belongs. ? hence, the same mischief is perpetrated in denying membership to members of the scheduled castes and scheduled tribes, if the usages and practices of an institution managed by a hindu religious denomination did not permit such persons from becoming members of their ..... constituted according to the usage and practice prevailing therein ? by reference to an alleged usage or practice in a notified institution a member of a scheduled caste or a scheduled tribe, can be indefinitely denied membership. and more particularly, it is categorically spelt out thus in section 2(a) of section 25, thus: ..... of article 26(b) of the constitution of india. ? as regards the constitution of the committee of management and exclusion of members of the scheduled caste and scheduled tribes, it was held as follows:- 66. the constitution of the committee of management is provided under section 25 of the act. the committee consists .....
Tag this Judgment!Court : Karnataka Dharwad
..... dated 27.07.2016. in this behalf, he pointed out that one seat each has to be filled up by election, in favour of a person belonging to scheduled caste and scheduled tribe.14. per contra, the learned counsel for the respondent contended that respondent no.1 is a sangha registered under the bpt act, but the amendment is to ..... to be held as per the bye-laws of the respondent-sangha and if the bye- laws do not provide any reservation to one post for schedule caste and one post for schedule tribe, then under such circumstances the contention of the petitioner that the mandate of reservation has not been followed in the calendar of events issued as ..... joint-director social welfare department bangalore dated 02.07.2015 and further contended that under the said letter it has been intimated to reserve one post for schedule caste and one post for schedule tribe by following the roster compulsorily. though the said letter has been issued on 02.07.2015 without amending the bye-laws of the respondent no .....
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..... to call in question the entry of the complainant into dimhans. if taking of legal proceedings is construed as atrocity against the members belonging to scheduled castes and scheduled tribes, it would have a chilling effect on exercise of constitutional rights by the persons like the petitioners. not one crime, but three crimes ..... again after investigation file a b report.11. sensing failure in the aforesaid crimes, the complainant rushes to the doors of the national commission for scheduled castes and scheduled tribes. the commission issues notice and directs to retain the complainant in the institution. immediately thereafter, petitioner in crl.p.no.103145/2022 files ..... second respondent registers a crime in crime no.109/2020, against the petitioner and another, alleging offence punishable under section 3(1)(zc) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. the police after investigation, file a b report.4. all these happen during the pendency of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... to call in question the entry of the complainant into dimhans. if taking of legal proceedings is construed as atrocity against the members belonging to scheduled castes and scheduled tribes, it would have a chilling effect on exercise of constitutional rights by the persons like the petitioners. not one crime, but three crimes ..... again after investigation file a b report.11. sensing failure in the aforesaid crimes, the complainant rushes to the doors of the national commission for scheduled castes and scheduled tribes. the commission issues notice and directs to retain the complainant in the institution. immediately thereafter, petitioner in crl.p.no.103145/2022 files ..... second respondent registers a crime in crime no.109/2020, against the petitioner and another, alleging offence punishable under section 3(1)(zc) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. the police after investigation, file a b report.4. all these happen during the pendency of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 6 of the pocso act is confirmed. iii) whereas, the order of conviction and sentence passed for the offence under section 3(2) (v) of the schedule caste and schedule tribes (prevention of atrocities act), 1989 dated 09.04.2021 passed by the additional district and sessions judge, ftsc-1, haveri is hereby set aside and the consequently, ..... is entitled for - 65 - nc:2024:khc-d:7986-db crl.a. no.100145 of 2021 acquittal for the offence under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities act), 1989. resultantly, we pass the following: order i) appeal is allowed in-part. ii) the judgment of conviction and order of ..... five years. atrocities) act, 1989.61. the ccl was also tried by the trial court for the alleged offence under section 3(2)(v) of the schedule caste and schedule tribes (prevention of atrocities act), 1989. on scrupulous reading of the entire evidence placed on record by the prosecution either pw.1 or any other witnesses including .....
Tag this Judgment!Court : Karnataka Dharwad
..... grantees or their heirs. the government of india has also been urging the state governments to enact legislations to prevent alienation of lands granted to scheduled castes and scheduled tribes by government on the lines of the model 12 legislation prepared by it and circulated to the state governments. section 4 of the ..... the provisions for cancellation of grants where the land is alienated in contravention of the above said provisions are found not sufficient to help the scheduled castes and scheduled tribes grantees whose ignorance and poverty have been exploited by persons belonging to affluent and powerful sections to obtain sale or mortgage either for nominal ..... be sustained as it is well settled that there is no prescription of any period of limitation in so far as the application of the provisions of the scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the ptcl act , for brevity) is concerned. (see: m.narayanappa v. .....
Tag this Judgment!Court : Karnataka Dharwad
..... or their heirs. the government of india has also been urging the state governments to enact legislations to prevent alienation of lands granted to scheduled castes and scheduled tribes by government on the lines of the model legislation prepared by it and circulated to the state governments." section 4 of the ptcl act ..... the provisions for cancellation of grants where the land is alienated in contravention of the above said provisions are found not sufficient to help the scheduled castes and scheduled tribes grantees whose ignorance and poverty have been exploited by persons belonging to affluent and powerful sections to obtain sale or mortgage either for nominal ..... sustained as it is well settled that there is no prescription of any period of limitation in so far as the application of the provisions of the scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (hereinafter referred to as the 'ptcl act', for brevity) is concerned. (see: m.narayanappa .....
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