Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(v) -- Anticipatory bail - Offence u/s 3(i)(v) of SC/ST Act - Allegation that petitioner danced in tik-tok video with background song composed by deceased 40/45 years ago - However, how mere dancing on tune of a song and preparing a video..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 17 -- Bail - Kidnapping - Sexual assault - Victim was subjected to medical examination, but no injury was found on person of victim - Victim had been calling accused for number of times everyday - Allegation..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Offence u/s 3(1)(xii) of SC/ST Act - Prosecutrix did not give a single instance that accused had taken her away and had sex with her only for the reason that she belonged to Scheduled Caste category - Accused acquitted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Caste abuses - Police officer of the rank of Dy.S.P. should conduct the inquiry and investigate into the matters where there are allegations of caste abuses etc. under the Atrocities Act - Dy.S.P. has no authority under the law to first inquire and then to register FIR - It..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s) -- Caste abuses - Dy.S.P. should conduct inquiry and investigate into the matter where there are allegations of caste abuses etc. - Dy. S.P. got the matter investigated through Head Constable - It is police officer of the bank of Dy.S.P. who should conduct inquiry and..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 18, 18A, Indian Penal Code, 1860, Section 307, 354B, 323, 324, 504, 149, 143, 147, 148 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.307, 354-B, 323, 324, 504, 149, 143, 147, 148 IPC - No specific abuse..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 506, 34 -- Caste based remarks over mobile phone - Alleged conversation over mobile phone not in public gaze nor witnessed by any third party - Held, alleged use of caste words cannot be said to have been committed within the public view -..........
Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act, 2017, Section 3, Constitution of India, 1950, Article 16, 145, Supreme Court Rules, 2013, Order 12, Rule 3 -- Promotion - Reservation - Scheduled caste and scheduled tribe candidate - Act of 2018 declared valid by..........
Constitution of India, 1950, Article 342 -- Caste certificate - Cancellation of - Petitioner has no material to show that he belongs to Scheduled Tribe (ST) category and is permanent resident of village `M' - However, as per the report petitioner is shown to be a person from OBC category as he was considered to be permanent resident of village `A' - Therefore, certificate..........
Hindu Marriage Act, 1955, Section 13, 2(2) -- Divorce petition - Maintainability - Parties belongs to Nagesia caste which is Scheduled tribe - There is no notification by Central Government that `the Act' shall apply to members of Nagesia Caste which is Scheduled Tribe - Marriage of both the parties is thus, out of purview of the Act in the light of S.2(2) of the Act and..........
