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Judgment Search Results Home > Cases Phrase: offences against scheduled castes Page 1 of about 13,141 results (0.089 seconds)

Mar 25 1994 (HC)

Dr. Ram Krishna Balothia Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1994MP143; 1994CriLJ2658; 1994(0)MPLJ644

..... means to minimise inhuman sufferings, indignities and exploitation of socially downtrodden. section 3 of the act enumerates offences against scheduled castes and scheduled tribes by members of upper castes, by persons who are not members of scheduled castes and scheduled tribes. the proivision for offences enumerated in section 3 of the act is actually meant for the purpose of achieving the aforesaid object and ..... connected therewith or incidental thereto.5. section 2(a) defines 'atrocity' to mean an offence punishable under section 3. section 3 deals with the offences against members of a scheduled caste or a scheduled tribeiby any person who is not a member of a scheduled caste or schedule tribe. section 4 lays down punishment for neglect of duties by public servant, who ..... the constitution; (ii) section 3 of the act provides for punishment for offences of atrocities against persons belonging to members of schedule castes and scheduled tribes by any person other than a member of scheduled castes and scheduled tribes which cannot be said to be a provision for advancement of the schedule castes and tribes; (iii) section 8(a) of the act is vague, ..... broad spectrum of the act and the statement of object and reasons. the act was brought into force to prevent the commission of offences of atrocities against the members of the scheduled castes and the scheduled tribes, to provide for special courts for the trial of suchoffences and for the relief and rehabilitation of the victims of such .....

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Feb 06 1995 (SC)

State of M.P. and Another Vs. Ram Kishna Balothia and Another

Court : Supreme Court of India

Reported in : AIR1995SC1198; 1995CriLJ2076; 1995(1)CTC513; JT1995(2)SC310; 1995(1)KLT535(SC); 1995(0)MPLJ303; 1995(1)SCALE658; (1995)3SCC221; [1995]1SCR897; 1995(1)LC514(SC)

..... terrorists and disruptive activities (prevention) act, 1987. however, looking to the historical background relating to the practice of untouchability and the social attitudes which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such ..... for special courts for the trial of offence under the said act as also to provide for the relief ..... bail in respect of offences committed under the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 can be considered as violative of articles 14 and 21 of the constitution.5. the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the said act) was enacted in order to prevent the commission of atrocities against members of scheduled castes and scheduled tribes and to provide .....

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Oct 11 1996 (HC)

Haresh Kumar Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... 9 and 10 of the aforesaid judgment:however, looking to the historical background relating to the practice to 'untouchability' and the social attitudes which lead to the commission of such offences against scheduled caste and scheduled tribe, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such ..... enact the law in question. their only grievance is that the provisions are discriminatory and arbitrary as the atrocity committed by the scheduled caste and scheduled tribe persons against the scheduled castes and scheduled tribes is not made punishable whereas the offence committed by nonscheduled castes and non-scheduled tribes persons has been made punishable. the classification has no rasonable nexus with the objects sought to be achieved. it is ..... of the legislators. the preamble of the act a already referred to above clearly shows that the act has been enacted to prevent the commission of the offence and atrocities against members of the scheduled caste and scheduled tribe and to provide special courts for the trial etc. the statements of objects and reasons can be looked into for understanding the antecedent, state of affairs .....

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Feb 18 2014 (HC)

Chittaranjan Nandy Vs. Union of India

Court : Orissa

..... terrorists and disruptive activities (prevention) act, 1987. however, looking to the historical background relating to the practice of "untouchability" and the social attitudes which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such ..... to the year 1988 by the scheduled castes and scheduled tribes had been -7- felt no.to be tolerable any more, consequently, the present act was ..... special act passed by the parliament to provide for the speedy trial of certain offences in terrorist affected areas and for matters connected therewith.49. the present act with which we are concerned aims at to prevent the commission of offences of atrocities against the members of the scheduled castes and scheduled tribes. the two acts may be different in their amplitude, but indignity tolerated up .....

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Aug 29 2006 (HC)

Smt. Satki Devi and anr. Etc. Vs. Tikam Singh and ors.

Court : Rajasthan

Reported in : 2006CriLJ4721; RLW2007(2)Raj1620

..... as under (paras 9 & 10):9... looking to the historical background relating to the practice of 'untouchability' and the social attitudes which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who. are alleged to have committed such ..... . they contend that the act along with the rules framed thereunder is a special law enacted to provide for, among other things, special courts for trial of offences against members of the scheduled castes and scheduled tribes. sub-rule (5) of rule 4 of the rules contains special provision overriding the provisions of sub-rule (1) which provides for preparation of panel ..... that the act is a special statute enacted among other things to provide for special courts for trial of offences of atrocities against members of the scheduled castes and scheduled tribes. it is true that in terms of section 4(2) of the code, all offences under any law other than the indian penal code including special law are to be investigated, inquired into, ..... of all be noticed as under:an act to prevent the commission of the offences of atrocities against the members of the scheduled castes and the scheduled tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.7. some of the relevant .....

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Feb 02 2006 (HC)

Laltu Mal @ Paka Vs. State of West Bengal

Court : Kolkata

Reported in : 2006(3)CHN491

..... reported in : 1995crilj2076 , which is as follows:looking to the historical background relating to the practice of 'untouch-ability' and the social attitudes which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such ..... it along with right lines within the shortest possible time, (vide rule 7).14. the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 is an act to prevent the commission of offences of atrocities against the members of the scheduled castes and the scheduled tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such ..... offences and for matters connected therewith or incidental thereto.15. the word 'atrocity' means an offence punishable under section 3 of the said act .....

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Nov 03 1995 (HC)

Bapu Gouda and Another Vs. State of Karnataka

Court : Karnataka

Reported in : 1996CriLJ1117; ILR1995KAR3586; 1996(1)KarLJ111

..... activities (prevention) act, 1987. however, looking to the historical background relating to the practice of 'untouchability' and the social attitudes which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such ..... investigation. it is in this context that section 18 has been incorporated in the act. 5. the court further held that the offences which are enumerated under section 3 are offences which, to say the least, denigrate members of scheduled castes and scheduled tribes in the eyes of society, and prevent them from leading a life of dignity and self-respect. such ..... offences are committed to humiliate and subjugate members of scheduled castes and scheduled tribes with a view to keeping them in a state of servitude. these offences constitute a separate class and cannot be compared with offences under the penal code. 6. the court also held that section 438 cr ..... order1. the petitioners are the accused in crime no. 149/95 registered in shahapur police station for the offences punishable under sections 341, 323, 324, 504 and 506 i.p.c. read with section 3 of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred as 'the act'). they have filed this petition under section 438 cri p.c. .....

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May 06 1997 (HC)

Phulla Dass Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1998CriLJ157

..... ) act, 1987. however, looking to the historical background relating to the practice of 'untouchability' and the social attitudes which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such ..... . the above said act had been enacted to prevent to commission of offences of atrocities against the members of the scheduled castes and scheduled tribes. it is to provide special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences. section 18 of the act debars a person for claiming anticipatory bail and ..... the enactment was a special measure which incorporates the various forms of indignities, humiliations, harassments and exploitation to form the basis of atrocities when committed against the members of the scheduled castes and schedule tribes. subsequently, while discussing the same, further plea that right of anticipatory bail flows from article 21 of the constitution was also negatived and in ..... reads :-18. section 438 of the code not to apply to persons committing an offence under .....

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Feb 26 1999 (HC)

D. Ramalinga Reddy @ D. Babu Vs. State

Court : Andhra Pradesh

Reported in : 1999(2)ALD572; 1999(2)ALD(Cri)436; 1999(1)ALT(Cri)287; 1999CriLJ2918

..... the act to make rules for carrying out the purposes of the act. since the purpose and objective sought to be attained by the act is to minimise the offences against scheduled castes and scheduled tribes therefore it prescribes stringent sentences also. therefore, in order to ensure any misuse of the act, rule 7 of the rules lays down not only that the ..... 1. heard the learned counsel for the appellant as well as the public prosecutor.2. the appellant has been convicted for the offences under section 341 of ipc and also under section 3(1)(xi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. the facts which lead to the prosecution of the appellant are that, one smt. mekala rajamma ..... which has to be conducted into the allegations made under the said act has to be made in accordance with the rules known as scheduled castes and scheduled tribes (prevention of atrocities) rules, 1995. these rules have been framed by the central government in exercise of rule making power conferred under section 23 of the act ..... officerwho appeared and stated that he investigated the matter.7. the learned senior counsel appearing for the appellant submits that, since the prosecution was initiated under the provisions of scheduled castes and scheduled tribes (prevention of atrocities) act, the investigation should have been conducted by an officer not below the rank of deputy superintendent of police. he submits that any investigation .....

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Aug 10 1998 (HC)

K. Mallesham Vs. State of A.P.

Court : Andhra Pradesh

Reported in : 1998(5)ALD120; 1998(2)ALD(Cri)562; 1998(2)ALT(Cri)395; 1999CriLJ324

..... 'looking to the historical back-ground relating to the practice of 'untouchability' and the social attitudes, which lead to the commission of such offences against scheduled castes and scheduled tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed ..... reasons. (see statement of objects and reasons accompanying the scheduled castes and scheduled tribes (prevention of atrocities) bill, 1989.) ..... parliament was aware and fully conscious that scheduled castes and scheduled tribes still remain vulnerable and they are denied number of civil rights. they arc subjected to various offences, indignities, humiliations and harassment. they have, in several brutal incidents, been deprived of their life and property. serious crimes are committed against them for various historical, social and economic ..... proper investigation. it is in this context that section 18 has been incorporated in the said act..... the offences which are enumerated under section 3 are offences which, to say the least, denigrate members of scheduled castes and scheduled tribes in the eyes of the society, and prevent them from leading a life of dignity and self- .....

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