Court : Orissa
Reported in : 103(2007)CLT209
..... petitioner as void and also declaring casual vacancy to the office of sarpanch, lachhipur grama panchayat.9. learned counsel for the petitioner has produced the constitution (scheduled castes) orders (second amendment) act 2002 which was published in the official gazette by the ministry of law and justice dated 18.12.2002. after receiving ..... written objection before the election officer challenging the validity of nomination papers filed by the petitioner with the allegation that he was not a person belonging to scheduled castes community. but the election officer did not accept the same and accepted the nomination papers of the petitioner. thereafter, the election was held and the petitioner ..... a casual vacancy to the said office.2. the brief facts of the case are that the seat of sarpanch, lachhipur grama panchayat was reserved for scheduled castes category in the last election held in the year 2002. the petitioner as well as opposite party no. 1 both filed their nomination papers before .....
Tag this Judgment!Court : Orissa
Reported in : 2003(II)OLR65
..... then the intention of the legislature drafting the rules, and the statutory provisions made to curb the increasing number of oppression on the people belonging to the scheduled castes and scheduled tribes, would be frustrated.10. it is well settled that where a power is given to do a certain thing in a certain manner, the thing must ..... taking cognizance against them mainly on the ground that the investigation of the case had not been done in accordance with rule 7 of the scheduled castes and scheduled tribes (prevention of atrocities) rules, 1995 ('the rules' in short). the learned s.d.j.m. by the impugned order has rejected the said application ..... have been committed by the petitioners under sections 341/323/294/506/34 of the indian penal code ('i.p.c in short) and section 3 of the scheduled castes and scheduled tribes (prevention of atrocities) act. 1989 (hereinafter called the 'act').2. the petitioners in the aforesaid g.r.case filed an application to recall the order .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ722; 2002(II)OLR184
..... quashed.in ramalinga reddy alias d. babu (1999 cri lj 2918) (supra) the appellant was convicted for the offences under section 3(i)(xi) of the scheduled castes and scheduled tribes (prevention of atrocities) act and under section 341, i.p.c. in appeal to the high court, it was urged that since the prosecution was ..... police for the offences under protection of civil rights act. at the time of filing of charge-sheet, it was found that the offences under the scheduled castes and scheduled tribes (prevention of atrocities) act are committed and charge sheet was filed by the assistant commissioner of police. before the learned special judge, objection was ..... .c., angul police station and the matter is under investigation.3. the petitioners challenge the legality of the proceeding contending that since rule 7 of the scheduled castes and the scheduled tribes (prevention of atrocities) rules envisages that the offences under the s.c. and s.t. (prevention of atrocities) act shall be investigated by .....
Tag this Judgment!Court : Orissa
Reported in : 102(2006)CLT409; 2006(II)OLR363
..... list of tribes, in the state of maharashtra previously it was 'gond' tribe including several other tribes and one of them was 'mana' tribe. in the scheduled caste's & scheduled tribes order amendment act, 1976 there was an amendment to that order and, vide entry no.18 such tribes were described as 'gond.mana..' in that context ..... and no court or authority other than the parliament and the president can add to or delete any community from such lists of scheduled castes or scheduled tribes. he further argued that when the constitution (scheduled castes) orders (second amendment) act, 2002 has not been made retrospective on the wisdom of the parliament and the president and the ..... the main ground of challenge is that by the date of nomination and election opposite party no. 2 was not a member belonging to any of the scheduled castes and the caste certificate (ext. b) granted in her favour by the tahsildar is illegal. she further stated that if nomination paper of opposite party no. 2 would .....
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR504
..... 1) that the person and his parents actually belong to the community claimed ;(2) that the community is included in the presidential order specifying the scheduled castes and scheduled tribes in relation to the state of orissa ;(3) that the person belongs to the state of orissa and to the area in respect of which ..... .'according to sub-rule (2) of rule 4, a petitioner claiming a certificate must belong to the community included in the presidential order specifying the list of scheduled caste.7. mr. misra places reliance on the 'purnachandra ordia bhas- kosh' in which 'radhi' is described as(i) a low class of untouchables.................same category ..... referred to as the 'rules'). as the application of the petitioner was rejected by the competent authority on the ground that the petitioner does not belong to a scheduled caste community, be has approached this court.2. admittedly petitioner belongs to 'radhi' community. relying on the documents filed, sri misra for the petitioner submits that ' .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT571; 2002CriLJ2327; 2002(I)OLR309
..... briefly stated, are as follows :pursuant to advertisements dated 16.4.1974 and 13.7.1974 published in two oriya daily newspapers inviting applications from the scheduled castes and scheduled tribes candidates for three posts of junior motor vehicle inspector reserved for the s.c. and s.t, candidates under the transport department, the accused submitted ..... in consonance with the acquittance roll (ext. d) maintained by the school wherein, vide ext. d/1 the names of eleven students belonging to scheduled tribes and eighteen students belonging to scheduled castes have been mentioned. there is no mention of one name of 'o.b.c.' student, which finds place in ext. c. this leads ..... purported to have been granted by the tahsildar, angul dated 10.3.1973 showing that he belonged to 'kharwar' caste which was in the list of scheduled tribes as contained in the scheduled castes and scheduled tribes order, 1956 subsequently amended by act 108 of 1976, so as to make himself eligible to appear at the test .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR972
..... , puri in misc. case no. 1059 of 1983 on 21.12.1983 to the effect that they belong to scheduled caste under the constitution (scheduled castes) order, 1950 as amended by the scheduled castes & scheduled tribes (amendment) order act, 1976 in the state of orissa. opposite party no. 9 being addicted to intoxication transferred an area ..... order passed by the member, board of revenue is liable to be quashed. he further submitted that the amendment brought in the presidential order in respect of scheduled caste (second amendment act), 2002 has a retrospective effect and such amendment was published on 18th december, 2002. so far as the state of orissa is concerned ..... :petitioner is the wife of opposite party no. 9 and the mother of opposite party no. 10. they are 'kaibarta' by profession and belong to scheduled caste. the family of the petitioner which consists of 6 to 7 members depends on the agriculture to maintain the livelihood. they obtained a certificate from the tahasildar .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT857
..... 335 of the constitution of india specifically provides for maintenance of efficiency of administration. the benefit of vertical reservation can be denied to scheduled castes, scheduled tribes and other backward classes if it adversely affects the maintenance of efficiency of administration.9. reservation in educational institution and in employment ..... , held as under:furthermore, the emphasis on efficient administration placed by article 335 of the constitution must also be considered when claims of scheduled castes and scheduled tribes to employment in the services of the union are to be considered.11. a constitution bench of the apex court in m. nagraj ..... ) act 2000; the constitution (eighty second amendment) act, 2000; and the constitution (eighty fifth amendment) act, 2001, providing for reservation to scheduled castes in promotions, which also provided for relaxation of qualifying marks etc. and held that constitutional limitation of efficiency under article 335 can be relaxed but not .....
Tag this Judgment!Court : Orissa
Reported in : 1995(I)OLR412
..... reliance in several sale deeds where executor i.e. surendra described himself as a member of 'khandual' caste. it needs to be mentioned here that the said caste is not one which is relatable to scheduled tribe. the authorities considered documents produced by the objector to be of greater evidentiary value. it was noticed ..... that in the sabik and hal settlements caste of surendra was described as bhuyan which is undisputedly relatable to scheduled tribe as described in the scheduled tribe order 1950 as amended by modification order, 1956 and scheduled tribe (amendment) act, 1976. fresh order with which we are concerned was ..... long prior to the sale, in the year 1963, in the school admission register caste of shyama has been described as 'bhuyan' which admittedly is a part of scheduled tribe. even if not much importance is attached to the caste certificate issued much after the transaction, evidentiary value of other documents cannot be lost sight .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT473
..... brackets and figures 'but thirty years in the case of immovable property belonging to a member of a scheduled tribe or a scheduled caste, specified in relation to the state of orissa in the constitution (scheduled tribes) order, 1950 or the constitution (scheduled castes) order 1950, as the case may be' shall be inserted. it has been held by this ..... brackets and figures 'but thirty years in the case of immovable property belonging to a member of a scheduled tribe or a scheduled caste, specified in relation to the state of orissa in the constitution (scheduled tribes) order, 1950 or the constitution (scheduled castes) order, 1950, as the case may be, 'shall be inserted.'section 23-b(2) after ..... be in authorized occupation of the whole or part of a holding of a raiyat belonging to a scheduled caste or of a raiyat belonging to a scheduled tribe within any part to the state other than a scheduled area, by way of trespass or otherwise, the revenue officer may either on application by the owner .....
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