Judgment Search Results Home > Cases Phrase: scheduled castes and scheduled tribes orders amendment act 2002 section 3 amendment of scheduled castes ordre Court: mumbai Page 4 of about 71 results (0.260 seconds)

Anil (Vidyarthi) and Another Vs. State of Maharashtra Represented by t ...

Court : Mumbai

..... how the corporation shall consist of councillors elected directly at ward elections and nominated councillors. 36. by section 5a, the reservation of seats for scheduled caste, scheduled tribe, backward class citizens and women may be determined by the state election commission in the prescribed manner and by section 5b the requirement for ..... elected and nominated councillors . that commences from section 10, which provides for division of municipal area into wards and reservation of wards for women, scheduled castes and scheduled tribes. section 10a is titled as state election commissioner and states by sub-section (1) that superintendence, direction and control of the preparation of ..... administration, to be nominated by the collector in such manner as may be prescribed. (1a) in every council seats shall be reserved for the scheduled castes, the scheduled tribes, backward class of citizens and women as provided in subsection (2). (2) the director shall, from time to time by an order .....

Arun Bhaurao Ingale Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2005(2)ALLMR355; 2005(2)BomCR159

..... in securing admissions in educational institutions and employment in state services have been claiming as belonging to either scheduled castes or scheduled tribes depriving genuine and needy persons belonging to scheduled castes and scheduled tribes covered by the presidential orders, defeating and frustrating to a large extent the very object of protective ..... clause (1) of article 342 of the constitution of india. in the schedule appended to the said order, admittedly thakur was not notified as scheduled tribe within the then state of bombay. thereafter, by the scheduled caste and scheduled tribes orders (amendment) act, 1956 the presidential order, 1950 was amended and ..... ma thakur ma thakar were included. thereafter with effect from 18-9-1976 the scheduled caste and scheduled tribes orders (amendment) act, 1976 came into force amongst other amending the presidential order i.e. entry no. 44 of the schedule part ix maharashtra thereof notifies 'thakur' 'thakar' 'ka thakur', ka thakar' .....

Sanjay Bajirao More and Another Vs. State of Maharashtra through its P ...

Court : Mumbai

..... scheduled tribe for the first time, along with thakur including ka-thakur, ma-thakur, ka ..... the localities specified in relation to them respectively in those parts of that schedule. thus, so far as the erstwhile bombay state was concerned, "thakur" was declared to be scheduled tribes. iii) on 25 september 1956, the parliament enacted the scheduled castes and scheduled tribes order (amendment) act, 1956 amending the constitution (scheduled tribes) order, 1950 referred to above and the thakar community was included as .....

Maharashtra Adivasi Thakur Jamat Seva Mandal and ors. Vs. State of Mah ...

Court : Mumbai

Reported in : 1986(3)BomCR634

..... providing for an appellate authority and also the government resolution dated 24th april, 1985 supplying the necessary data to the competent authority are anyway illegal or beyond the scope of scheduled castes and scheduled tribes order (amendment) act, 1976. the learned counsel appearing for the petitioners i.e. shri madkholkar and shri mandlik, in both the petitions have not challenged the authority of ..... not residents of 4 districts on the slope of sahyadri i.e. nashik, ratnagiri, kolaba (raigad) and thane. according to the petitioners this is wholly in breach of the scheduled castes and scheduled tribe orders (amendment) act, 1976. the petitioners have also challenged the government resolution dated 8th march, 1985 and its accompaniments on the ground that what has been prohibited directly is .....

Rajesh Yadavrao Shankpale Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1999Bom372; 1999(3)ALLMR433; 2000(1)MhLj168

..... supreme court further laid down that the notification of the president under article 342 of the constitution subject to the scheduled caste and scheduled tribes act, 1976 was conclusive and final. the supreme court further laid down that the court cannot examine to find out the ..... reported in : air1998bom226 , the division bench of this court observed that after the enactment of scheduled caste and scheduled tribe amending order, 1976 removing area restrictions, there has been a spurt of applications from persons claiming to be scheduled tribes. this is particularly in cases where children are on the verge of seeking higher education. ..... mentioned that the taluka executive magistrate, biloli, dist. nanded, issued a caste certificate in favour of the petitioner to the effect that the petitioner belongs to koli mahadeo caste, which is recognised as a scheduled: tribe at sr. no. 29 under the scheduled castes and scheduled tribes order (amendment) act, 1970. the petitioner appeared in the 12th .....

Madhuri NitIn Jadhav and Others Vs. State of Maharashtra, Through Its ...

Court : Mumbai

..... 25 .... the distinction which the state government sought to make between ezhuva/thiyyas known as thandans like the respondent on one hand and thandans who fell in the scheduled caste category, on the other, thus stood abolished by reason of the above pronouncement.?...... 11. even in milind (supra) the supreme court (constitution bench) has declared and ..... to similarly situated persons/people by observing as under:- 24. this court reviewed the legal position and declared that thandan community having been listed in the scheduled caste order as it then stood, it was not open to the state government or even to this court to embark upon an enquiry to determine whether a ..... which was called thandan in the malabar area of the state was excluded from the benefits of the scheduled caste order ..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 government to say otherwise, as .....

Vilas Devraj Bhange and Another Vs. State of Maharashtra

Court : Mumbai

..... category of vimukta jati. article 341 defines scheduled castes and article 342 defines scheduled tribes. vimukta jati is a different category which is not covered under scheduled castes and scheduled tribes act. under section 2(c) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1999, scheduled castes and scheduled tribes are defined. for the purpose of definition ..... of article 366 of the constitution, which again refer to article 341 and 342 for understanding the definition of scheduled castes and scheduled tribes. under articles 341 and 342, a scheduled caste or scheduled tribe is required to be notified by the parliament or the legislature. though other tribes or vimukta jati are ..... 24 and 25 of article 366 of the constitution. so also he relied on articles 341 and 342 on the point of definition of scheduled castes and scheduled tribes act. 5. learned app and learned counsel for the intervener opposed the application for pre-arrest bail. it was submitted that due .....

Abhay Shrawanji Parate Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1985Bom45; 1984MhLJ289

..... to belonging to 'halba' tribe by certain judgments of courts have established.it is a common ground that before its amendment by the scheduled castes and scheduled tribes orders (amendment) act, 1976 the constitution (scheduled tribes) order, 1950 (part viia- maharashtra- item 5 entry 13)issued by the president of india under art. 342 of the ..... . the petitioner abhay shrawanji parate, resident of umrer in district nagpur was given a caste certificate dated 22nd june 1982 by the executive magistrate, umrer, certifying that he belongs to a scheduled tribe 'halba' as mentioned in the scheduled castes and scheduled tribes orders (amendment) act, 1976. the present petition is directed against the orders ..... as halbas are concerned, the school leaving certificate should be accepted as valid for the purpose of the caste-- 2. government is further pleased to direct that the advantages accrued to the scheduled tribals under the constitution will go to the tribals to the extent of 7% and those going to .....

Lachmanna Malanna Alurwar Vs. Maharashtra Revenue Tribunal and ors.

Court : Mumbai

Reported in : (1992)94BOMLR612

..... 342 of the constitution. the same presidential order was declared at the commencement of the constitution and thereafter amended from time to time and ultimately stood further amended by the scheduled castes and scheduled tribes order (amendment) act, 1976 which as stated above came into force on 1st november, 1975 when the community 'pradhan' of respondents nos. 3 and 4 was declared as ..... .6. in support of the writ petition, mr. parsodkar, learned counsel appearing on behalf of the petitioner, submitted that the caste of respondents nos. 3 and 4 was declared to be scheduled tribe only in the year 1976 by the scheduled castes and scheduled tribes orders (amendment) act, 1976 which means that when the transaction of sale took place between the petitioner and respondents nos .....

Rakesh Sukanuji Dafade and Others Vs. State of Maharashtra, Through It ...

Court : Mumbai

..... is that protection is justified in presenti (embargo on removal from service or from reversion) but not in futuro (embaro on promotions in the category of scheduled caste or scheduled tribe). 6 ........ 7 .............. there is, therefore, palpable wisdom in the office memorandum dated 10.8.2010 of the government of india, ministry of ..... verge of doing so, towards whom sympathy is understandably extended; (b) where there is some confusion concerning the eligibility to the benefits flowing from scheduled caste or scheduled tribe status, such as issuance of relevant certificates to persons claiming to be `koshtis' or `halba koshtis' under the broadband of `halbas', protection ..... principles which would be relevant for deciding such like conundrums. these are (a) if any person has fraudulently claimed to belong to a scheduled caste or scheduled tribe and has thereby obtained employment, he would be disentitled from continuing in employment. the rigour of this conclusion has been diluted only in .....