Showing : 41-50 of 118 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14-- Special Court - Court of Session shall be notified as Special Court under the Act - Magistrate is not special Court within the meaning of S.14 of the Act, therefore, Magistrate has no jurisdiction to entertain and take cognizance of offence under the Act - Order of cognizance of offence under..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated and false, such exclusion will not apply...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4-- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to occurrence - However, his presence was not shown by Doctor at first instance, while providing first aid to..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Summoning of additional accused - Offence u/ss 323, 504, 506 IPC and S.3(1)(x) of SC/ST Act - Complainant suffered only one bone injury that too by co-accused - Role of beating by kicks and fists is assigned to petitioner but no such injury was found on the body of complainant - Incident occurred..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 504, 506-- Offence u/s 3(1)(x) of the Act - Two persons came out of house and physically assaulted victim and one of whom used word indicating caste - Informant was not sure as to who uttered word in question - Circumstances as detailed by prosecution do not lead to draw an inevitable conclusion that word..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi)-- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without procuring mandatory prosecution sanction u/s 197 Cr.P.C. is absolutely impermissible - More so, significant..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)(as-- Offence u/s 3(2)(v) of the Act - Mere knowledge of accused that person upon whom offence is committed belongs to SC/ST community suffices to bring home charge u/s 3(2)(v) of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)(u-- Rape of woman belonging to SC/ST community - Incident occurred in 1995 - U, amended provision of S.3(2)(v) of the Act is thus, applicable, which laid the stress on intention of accused in committing such offence in order to belittle person as he/she belongs to SC/ST community - No evidence on..........

Showing : 41-50 of 118 Results