Skip to content


Judgment Search Results Home  Phrase:constitution scheduled castes order amendment act

Feb 20 2003

Chandrakant Bajirao Shinde Vs. State of Maharashtra, through the Secre ...

  • Decided on : 20-Feb-2003

Court : Mumbai

Reported in : 2003(2)ALLMR457; 2003(4)BomCR535; 2003(2)MhLj471

... that arises for our consideration is whether the tribunal was competent to hold so when 'thakar' is notified as scheduled tribe in the presidential order viz. the constitution (scheduled tribes) order, 1950 as amended by the scheduled castes and scheduled tribes orders (amendment) act, 1956 and the scheduled castes and scheduled tribes orders (amendment) act, 1976.4. the constitution (scheduled tribes) order, 1950 was issued on 6th september 1950 in exercise of the powers conferred upon the president of india by ... clause (1) of article 342 of the constitution of india. in the schedule appended to the said order, admittedly thakar was not notified ...

Tag this Judgment!
Jul 28 2003

Raviprakash Babulalsing Parmar Vs. State of Maharashtra and Ors.

  • Decided on : 28-Jul-2003

Court : Mumbai

Reported in : 2004(2)BomCR821; 2004(1)MhLj177

... regards members thereof resident in the localities specified in relation to them respectively in those parts of that schedule. on 25- 9-1956 parliament enacted the scheduled castes and scheduled tribes order (amendment) act 1956 by act no. 63 of 1956 amending the constitution (scheduled tribes) order 1950 referred to above. by virtue of act no. 63 of 1956 the area restriction adhering only to 'thakur' or thakar' including 'ka thakur', 'ka thakar ... would indicate that (i) initially, by the constitution (scheduled tribes) order, 1950 only thakurs were declared to belong to scheduled tribes as per entry 21 in the first schedule, part iii dealing with erstwhile bombay state, (ii) by the scheduled caste and scheduled tribes order (amendment) act, 1956 (act no. 63 of 1956) the 1950 order was amended and as against only thakurs' being scheduled tribes, thakur or thakar, including ka thakur, ka thakar, ma ... notification would be applicable to the petitioner or not. the notification issued by the president under article 342 of the constitution of india subject to the scheduled castes and scheduled tribes order (amendment) act, 1976 was conclusive and final. the petitioner has not only relied on the caste certificate issued by the executive magistrate, umrer, on 24-7-1981 but he had also produced the extract of his ...

Tag this Judgment!
May 06 2005

Madhavi Vs. State Election Commission

  • Decided on : 06-May-2005

Court : Kerala

Reported in : 2005(3)KLT275

... not be treated as scheduled caste unless the presidential order was amended.12. a perusal of the above judgment rendered by the division bench clearly shows that the validity ... synonym of mannan could not be sustained since the presidential order had excluded peruvannan and included only mannan and vannan as sl.no. 17 in act 61 of 2002. the division bench further held that peruvannan is not included in the 1950 presidential order or the scheduled castes and scheduled tribes orders (amendment) act, 1976 or in the constitution (scheduled caste) orders (second amendment) act, 2002. thus the division bench only held that peruvannan could ... . is on record as ext.p-1.4. the scrutiny committee constituted under act 11 of 1996 held that respondent no. 2 belonged to peruvannan community and therefore she had to be treated as a scheduled caste. the order passed by the scrutiny committee is on record as ext.p-2. ext.p-2 order was challenged by the petitioner before this court in m.f ...

Tag this Judgment!
Sep 14 2004

Amol Narayan Wakkar and Anr. Vs. State of Maharashtra and Ors.

  • Decided on : 14-Sep-2004

Court : Mumbai

Reported in : 2005(2)ALLMR16; 2005(2)BomCR853; 2005(1)MhLj798

... including those belonging to the erstwhile malabar district and the present palghat district, the benefits due to scheduled caste included in the schedule to the constitution scheduled castes order as amended upto date and to issue to them community certificates accordingly. the decision in palghat thandan's was cited with ... , 1950 referred to above. schedule iii of the 1950 order dealing with bombay state was amended by act no. 63 of 1956. schedule iii to act no. 63 of 1956 deals with amendments to the constitution (scheduled tribes) order, 1950 ... to the claimant or not. it was observed that the notification issued by the president under article 342 of the constitution, subject to scheduled castes and scheduled tribes orders (amendment) act, 1976 was conclusive and final. indeed in our view these observations support petitioners contention rather than the respondents. the ... scheduled tribes so far as regards members thereof residing in the localities specified in relation to them respectively in those parts of that schedule. thus so far as the erstwhile bombay state was concerned, 'thakur' was declared to be scheduled tribe.5. on 25th september 1956, the parliament enacted the scheduled caste and scheduled tribes order (amendment) act, 1956, amending the constitution (scheduled tribes) order ...

Tag this Judgment!
Feb 02 1996

Nityanand Sharma and another Vs. State of Bihar and others

  • Decided on : 02-Feb-1996

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)

... ) of the act defines 'scheduled tribe order'. it means 'the constitution (andaman & nicobar islands) scheduled tribe order, 1959 made by the president under article 342 of the constitution'. section 3 deals with amendment of the scheduled castes order and section 4 deals with amendment of scheduled tribe order. the scheduled tribe orders are amended in the manner and to the extent specified in the second schedule. first schedule relates to scheduled castes and second schedule relates to scheduled tribes.9. scheduled tribe specified in ... 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 belonging to lohar caste, claimed the status as scheduled tribe under the act and the order and sought ...

Tag this Judgment!
Feb 17 1997

Vinay Prakash and Ors. Vs. State of Bihar and Ors.

  • Decided on : 17-Feb-1997

Court : Supreme Court of India

Reported in : JT1997(3)SC206; (1997)3SCC406; [1997]2SCR97; 1997(1)LC638(SC)

... made adding to or deleting from the lists certain castes. in entry 20 of the entries in relation to the state of bihar, lohara was wrongly ... 342(1) of the constitution read with article 366(25), notified the scheduled tribes for the state of bihar thus: 'such tribe or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution,' thereafter, the scheduled castes and scheduled tribes orders (amendment) act, 1976 came to be ... the government on january 6, 1995. in the meanwhile, there was spate of litigation after the 1976 amendment act and the lohars - a backward class - as stated earlier, claimed the status of scheduled tribes. when the said claims for social status of scheduled tribes came to be rejected, the petitioner approached the courts. while the desired social status certificates were ... for the parliament to make necessary amendments in article 342(2) of the constitution and it is not for the executive government but for the court to interpret the rules and construe as to whether a particular caste or a tribe or a part or section thereof is entitled to claim the status of scheduled tribes, under these circumstances, we ...

Tag this Judgment!
Aug 29 2008

Raju Ramsing Vasave Vs. Mahesh Deorao Bhivapurkar and Ors.

  • Decided on : 29-Aug-2008

Court : Supreme Court of India

Reported in : 2008(4)AWC3951(SC); 2008(56)BLJR2851; JT2008(9)SC445; (2008)8MLJ47(SC); 2008(12)SCALE252; (2008)9SCC54; 2008(2)LC1057(SC); 2008(5)LH(SC)3645; 2008AIRSCW6184

... halba/ halbi tribe, as per the constitution (scheduled tribes) order, (1950) read with part - ix of the second schedule to the scheduled castes, scheduled tribes order (amendment) act (1976) has been declared a scheduled tribe in the state of maharashtra and has appeared at sr. no. 19 in the schedule. the members of the caste known as koshti/ halba - koshti, residing ... in particular in the vidarbha areas, claim that they belong to the said halba/ halbi tribe and are entitled to obtain caste ... certificates as belonging to the halba/ halbi scheduled ... even though it is not specifically mentioned in the entry concerned in the constitution (scheduled tribes) order, 1950?(2) whether 'halba-koshti' caste is a sub-tribe within the meaning of entry 19 (halba/halbi) of the said scheduled tribes order relating to the state of maharashtra, even though it is not specifically ...

Tag this Judgment!
Nov 23 2005

Bankimchandra Makanbhai Patel Vs. State of Maharashtra and Anr.

  • Decided on : 23-Nov-2005

Court : Mumbai

Reported in : 2006(2)ALLMR540; 2006(2)MhLj664

... of this act, the president shall by order make such modifications in the constitution (scheduled castes) order, 1950, the constitution (scheduled castes) (part c states) order, 1951, the constitution (scheduled tribes) order, 1950 and the constitution (scheduled tribes) (part c states) order, 1951, as he thinks fit having regard to the territorial changes and formation of new states under the provisions of part ii.the constitution (scheduled tribes) order, 1950 came to be amended by the scheduled caste and scheduled tribes orders (amendment) act, 1956. this ... seventh schedule.27. as from the appointed day, the constitution (scheduled tribes) order, 1950, shall stand amended as directed in the eighth schedule.the 8th schedule amended the constitution (scheduled tribes) order, 1950. para 3 was substituted as under :3. any ... of the bombay reorganization act, 1960 which received the assent of the president of india on 25-4-1960 and in respect of which, the appointed date has been fixed as 1-5-1960. sections 26 and 27 of the act are relevant and may be gainfully reproduced :26. as from the appointed day, the constitution (scheduled castes) order, 1950 shall stand amended as directed in the ...

Tag this Judgment!
Mar 25 2004

Sridhar Chandra Mal Vs. State of Jharkhand and Ors.

  • Decided on : 25-Mar-2004

Court : Jharkhand

Reported in : [2004(2)JCR506(Jhr)]

... paharia and, therefore, 'mal paharia' being included in the list of scheduled tribe of the state of bihar, the caste 'mal' is 'mal paharia'.7. admittedly in the constitution scheduled tribes order, 1950 read with scheduled caste and scheduled tribes orders (amendment) act of 1976 the caste 'mal' has not been included in the schedule under the list of scheduled tribes. the caste 'mal paharia' and 'sauria paharia' have been included in the list of ... scheduled tribes.8. in the bihar district gazetteers of santhal parganas compiled by ... anr., 1994 (5) scc 244, the apex court held that the power given under articles 341 and 342 of the constitution is limited to specifying the castes or tribes which shall, for the purpose of the constitution, be deemed to be scheduled castes on scheduled tribes in relation to a state or a union territory. once a notification is issued, the parliament can, by law, include ...

Tag this Judgment!
Mar 25 2004

Shridhar Chandra Mal Vs. State of Jharkhand and Ors.

  • Decided on : 25-Mar-2004

Court : Jharkhand

Reported in : 2004(2)BLJR1022

... paharia and, therefore, 'mal paharia' being included in the list of scheduled tribe of the state of bihar, the caste 'mal' is 'mal paharia.'7. admittedly in the constitution 'scheduled tribes order 1950 read with scheduled caste and scheduled tribes orders (amendment act of 1976) the caste 'mal' has not been included in the scheduled under the list of scheduled tribes. the caste 'mal paharia' and 'sauria paharia' have been included in the list of ... scheduled tribes.8. in the bihar district gazetteers of santhal parganas compiled by ... anr., 1994 (5) scc 244, the apex court held that the power given under articles 341 and 342 of the constitution is limited to specifying the castes or tribes which shall, for the purpose of the constitution, be deemed to be scheduled castes or scheduled tribes in relation to a state or a union territory. once a notification is issued, the parliament can, by law, include ...

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //