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 : Punjab and Haryana
Reported in : (2004)137PLR825
..... duty on the state to promote with special care, the educational and economic interest of the weaker sections of the people and in particular of the scheduled castes and scheduled tribes and to protect them from social injustice and all forms of exploitations.2. article 31-c, which was inserted by the constitution (twenty-fifth ..... that even after 54 years of coming into force of the constitution, dis-advantageous and down-trodden groups of people in general and members of scheduled castes and scheduled tribes and backward classes in particular are exploited with impunity by the haves of the society.4. i have prefaced the disposal of these petitions ..... and 20(8-0) situated in village thanda bhagana, tehsil phagwara, distt. kapurthala was sold by restricted auction to one banta ram, who was a member of scheduled caste and other similarly situated persons in accordance with the provisions of punjab package deal properties (disposal) rules, 1962 (for short 'the 1962 rules'). at the time .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)BomCR291
..... maharashtra and ors.) : 1986(1)bomcr403 it is held:it was permissible to enquire whether any sub-division of a tribe, though not mentioned in the scheduled castes and scheduled tribes orders (amendment) act is a part and parcel of the tribe mentioned therein.' the judgment in'milind katware (supra) was upheld and affirmed in ..... entry 12 as originally set out in the order promulgated by the president of india read : 'gond (including madia, ('maria' and mudia (muria))'. by the scheduled castes and scheduled tribes (amendment) act, 63 of 1956, entry 12 was substituted by:12. gond, including arakh or arrakh, agaria, asur, badi, maria of bade maria, ..... question that falls for consideration is whether 'mana' irrespective of affinity with 'gond' tribe, is a scheduled tribe within the meaning of entry no. 18 of the scheduled caste and scheduled tribes orders (amendment) act (108 of 1976), schedule, part ix - maharashtra.6. there is no dispute about the fact that the old documentary evidence supports .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT101
..... decision of the supreme court reported in : [1980]1scr1135 , which lays down the proposition that the communities mentioned against a specified entry in the scheduled castes and scheduled tribes orders (amendment) act, 1976, are those which have mutual affinity amongst them. the habitat of koya tribe-forest tracks flanking the river godavari ..... of the listed other backward classes. lingadhari koya is one of the sub-tribes of koya listed at serial no. 18 as a scheduled tribe by virtue of the scheduled castes and scheduled tribes orders (amendment) act, 1976. the memo does not prohibit any certifying officer from issuing community certificate to genuine members of lingadhari ..... scanning before accepting any one's claims. under the provisions of articles 341 and 342 of the constitution of india notification of various castes and tribes as scheduled castes and scheduled tribes was done in relation to each of the states and union territories. in the verification of the claim of any individual .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT441
..... or group within any tribal community. it is in pursuance of this power, the parliament through section 4(1) of the scheduled castes and scheduled tribes orders (amendment) act, 1950, amended the schedule to the constitution (scheduled tribes) order, 1950 made by the president in exercise of the powers conferred by article 342(1) of the constitution and ..... place reliance upon a decision of the supreme court in bhaiya ltd. v. harikihan singh, : [1965]2scr877 . the case before the supreme court relates to scheduled caste and the notification issued by the president under article 341 (1) refers to chamar, jatav or mochi, whereas the plea of the appellant before that court is that ..... in parsram v. shivchand, : [1969]2scr997 held that courts cannot scrutinise the gazeteers and glossaries to find out whether 'chamar' was of the status of scheduled caste.5. in the circumstances, i am of the clear view that howsoever effective are the pains taken by the collector while tracing the g.os. of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT258
..... the subsequent judicial pronouncements. speaking for the bench, gajendragadkar, c.j. has held thus: 'in order to determine whether or not a particular caste is a scheduled caste within the meaning of article 341, one has to look at the public notification issued by the president in that behalf. any person who ..... unconcerned attitude of the authorities who are responsible for issuance of social status certificates have all contributed their mite to deprive the constitutional benefits meant for scheduled castes and scheduled tribes. the whole picture now emerges, in the backdrop of the bogus claims is that a systematic fraud is being played on the constitution. ..... the indian republic came into existence. the makers of the constitution felt the need to provide reservations to certain sections of people who belong to scheduled caste and scheduled tribe considering their social, economical and other historical background. this protection provided to s.cs. and s.ts. is intended to bring them on .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)986; AIR1996SC2306; JT1996(2)SC117; 1996LabIC975; 1996(1)SCALE743; (1996)3SCC576; [1996]2SCR1; 1996(1)LC604(SC)
order1. leave granted.2. short but an important question of constitutional law of the power of the court to declare a particular tribe to be scheduled tribe under scheduled castes and scheduled tribes order, 1950 as amended by scheduled castes and scheduled tribes orders (amendment act), 1976 (for short, 'the act') is the primary question.3. the appellants, assistant teachers in the service of the state of bihar ..... members have surveyed the retrograde 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 of 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 andhra pradesh high court decisions noted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1182; 1996(1)CTC257; JT1996(2)SC182; 1996(4)KarLJ576; (1996)1MLJ99(SC); 1996(2)SCALE11; (1996)3SCC100; [1996]1SCR995
..... union territory.4. in b. basuvalingappa v. d. munichinnappa [1965] 11 scr 316, the constitution (scheduled castes) order, 1950 specified bhovi caste as a scheduled caste. the respondent, a voddar by caste contested election as a scheduled caste bhovi. a constitution bench examined the scheme of article 341 and upheld the contention of the appellant that ..... . under the amendment act, 1976, again the parliament has included or excluded from schedules appended to the constitution which are now conclusive. schedule i relates to scheduled castes and schedule ii relates to scheduled tribes. christian is not a scheduled caste under the notification issued by the president. in view of the admitted position that ..... on these facts, notice was given to the petitioner to show cause how the petitioner would be entitled to benefits and privileges extended to the scheduled caste candidates in future. challenging it, he filed a suit. his case is that he was baptised when he was a minor. after he became .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)409; AIR1997SC248; JT1996(4)SC213; 1996(3)SCALE389; (1996)3SCC585; [1996]3SCR426
..... in the notification of the president as amended under the act. the high court, therefore, was right in its conclusion that the appellant cannot have the status of scheduled caste to contest the said legislative assembly election. the learned counsel for the appellant has relied upon revenue officer and ors. v. prafulla kumar pati and ors. : ..... declared by the impugned order dated april 30, 1987 passed in election petition no. 21 of 1985 that his election to the assembly constituency allotted to the scheduled caste was not valid in law. thus this appeal.2. the question before us is whether the status of the appellant who is a mondy/mondigaru, can ..... had contested election from 72 bethamangala assembly constituency of karnataka state legislature as reserved candidate. the appellant claimed the status of mundala which is a recognised scheduled caste notified by the president of india in exercise of power under article 341(1) of the constitution. he contested the said election on that basis and .....
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