Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Allegations that when complainant was in his office accused came there enquired with the complainant, not being satisfied, started abusing him in the name of his caste and insulted him - Thereafter, three colleagues of..........
Indian Penal Code, 1860, Section 198 -- False or fabricated certificate - Caste certificate per se cannot be false or fabricated - If a caste certificate is invalidated as applicant could not prove his caste cannot be termed false only on the ground that it was invalidated...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of the Act - Caste based remarks were not made by accused in public place - Thus, without such preliminary evidence, offence u/s 3(1)(x) of the Act is not substantiated - Order taking cognizance quashed...........
Service -- Notice of termination - Reserved category - De-schedule of caste/tribe after appointment - Caste of appellants was de-scheduled after appointment - However, State Government vide its Circular 2003 clearly stated that employees holding Scheduled castes certificate issued prior to de-scheduling would be entitled to claim protection of their services albeit as..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - Casteist Remarks - Insult and humiliation - Not on account of or for the reason that complainant belongs to Scheduled Caste - Bail granted. Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, S.3 - Offence..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Offence under SCST Act - Intention to humiliate - All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled..........
Constitution of India, 1950, Article 341 -- Lists of Schedule Castes - State Government had no competence/authority/power to tinker with the lists of Scheduled Castes published u/art 341 of Constitution - Whether synonymous or not, any inclusion or exclusion of any caste, race or tribe or part of or group within the castes, races or tribes has to be, by law made by..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X)(XI) -- Offence u/s 3(1)(X)(XI) of SC/ST Act - Accused abused PW1 and PW3 in filthy language but without referring as to the caste of PW1 and PW3 - Offence u/s 3(1)(X)(XI) of the Act not made out - Accused acquitted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/s 3(1)(xi) of the Act - Prosecution has failed to prove caste of prosecutrix either through any credible documentary evidence or otherwise, therefore conviction of accused u/s 3(1)(xi) of the Act, set aside...........
Inter-caste marriage -- Protection to life and liberty - Marriage between a Muslim boy and a Hindu girl who is idolatress or a fire worshipper is not a valid marriage, even if marriage is registered under Special Marriage Act - Marriage would be no more a valid marriage and it would be an irregular (fasid) marriage - It is neither the case of petitioners that in case if..........