Showing : 51-60 of 98 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Offence u/s 3(1)(x) of SC/ST Act - Intentional insult or intimidation with intent to humiliate a member of SC or a ST, made at any place within public view, is sine qua non for an offence u/s 3(1)(x) of SC/ST Act...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 352-- Offence u/s 3(1)(x) of SC/ST Act and S.352 IPC - Incident occurred at public place - However, none of witnesses present there has stated that PW3 was intentionally humiliated or insulted - Charge u/s 3(1)(x) of SC/ST Act not proved against accused - As far as criminal force is concerned, nobody..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 427, 435, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)-- Quashing of summoning order - Offence u/ss 323, 324, 427, 435 IPC and S.3(1) of SC/ST Act - Cognizance of offence cannot be taken on the basis of affidavits of complainant and witnesses, if the materials collected during investigation do not make out any case - Session Judge committed error of law..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 323, 427, 504, 506-- Offence u/s 3(1)(x) of SC/ST Act and Ss.323, 427, 504, 506 IPC - Quashing of proceedings - Neither there is any averment in FIR that applicants ever called opposite party no.2 by his caste name, nor any averment about applicants being not members of SC/ST - There is also no averment that..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), (x), (xi), 2(4), Indian Penal Code, 1860, Section 303, 354, 527, 447-- Offence u/ss 3(1)(v),(x),(xi), 2(4) of SC/ST Act and Ss.303, 354, 527, 447 IPC - Order taking cognizance - Quashing of FIR - Caste of complainant is `Garuda' as SC, which is mentioned/enlisted in the notification issued by State Government - No Court is empowered to alter or amend Notification..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x)-- Hurling abuses - Incident took place in two parts - In the first incident, no abuses were hurled by accused towards first informant - However, in the second part of incident, abuses were allegedly hurled towards closed doors of complainant's house by accused - First informant admittedly did not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Appointment - Reserved category - Appellant appointed to the post of High School Assistant in a Government School under reserved category claiming herself to be SC as belonging to Thandan Community - Thandan Community treated as SC on the basis of SC and ST Orders Act - Merely because appellant..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 14-- Offence u/s 3(1)(x) of the Act - Special Court constituted u/s 14 of the Act alone has power to take cognizance of offence under SC/ST Act - Magistrate has absolutely no jurisdiction to entertain and take cognizance of offence u/s 3(1)(x) of the Act...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Rape - Neither any evidence adduced by prosecution nor any investigation conducted to establish that accused belonged to non SC/ST community - Moreover, no evidence on record to prove that accused had committed rape with PW1 because she was a member of SC/ST community - Offence punishable u/s..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20-- Accused charged under both the enactments i.e POSCO Act and SC/ST Act - Appropriate Court to try the offence - Court designated u/s 28 of POSCO Act, as POSCO Act being beneficial to all and later in point of time would prevail over SC/ST Act - POSCO Act introduced no, obstante clause giving an..........

Showing : 51-60 of 98 Results