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Judgment Search Results Home > Cases Phrase: protection of civil rights act 1955 schedule 1 the schedule Page 1 of about 8,462 results (0.687 seconds)

Nov 29 2000 (HC)

Bharamu Subrao Patil Vs. Narsingrao Gurunath Patil

Court : Mumbai

Reported in : AIR2001Bom104; 2001(2)ALLMR429; 2001(2)BomCR126; (2001)1BOMLR545; 2001(2)MhLj348

..... 506 of the indian penal code as also under section 7(1)(d) of the protection of civil rights act, 1955 and under section 3(1)(10) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. the special judge, kolhapur by judgment and order dated 12thjuly, 1996 found respondent guilty under section 7(1)(d) of the protection of civil rights act, 1955 read with section 506 of the indian penal code and convicted ..... sections have been invoked for all purposes what really the petitioner contends is that as the respondent had been convicted for an offence under the protection of civil rights act, 1955, by virtue of section 8 read with section 100(1) of the said act, the petitioner was not qualified or was disqualified on the date of his electionfor being chosen to fill the seat under the ..... and circumstances not followed?10. we will now deal with the first contention namely section 8(1) of the representation of people act, 1951. the relevant portion of the said section reads as under :-'8(1) a person convicted of an offence punishable under -(a) .........(b) the protection of civil rights act, 1955 which provides for punishment for the preaching and practice of 'untouchability', and for the enforcement .....

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Jan 06 2017 (HC)

Karem Sivajee Vs. J.Prasad Babu and Others

Court : Andhra Pradesh

..... 12 stipulates the functions the commission is required to perform and, among them, are (a) inquire into complaints of (i) violation of any rights provided under the protection of civil rights act, 1955, and the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989; (ii) negligence, in the prevention of such violation, by a public servant; (iii) inquire and recommend to the concerned disciplinary authority to initiate disciplinary ..... ) to spread literacy among various sections of society regarding the protection of civil rights act, 1955 and the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, and to promote awareness of the safeguards available for the protection of these rights; (i) conduct studies, research and analysis on the question of avoidance of discrimination against the scheduled castes and the scheduled tribes; (j) suggest appropriate legal and welfare measures in respect ..... of the scheduled castes and the scheduled tribes to be undertaken by the .....

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Jan 23 2006 (HC)

Yannam Satyanarayan Vs. State of A.P.

Court : Andhra Pradesh

Reported in : 2006(1)ALD(Cri)605; 2006CriLJ2320

..... for the offences punishable under sections 447, 427, 354, 504, ipc and section 7(1)(d) of the protection of civil rights act, 1955. on completion of the investigation, the investing officer-sub-inspector of police filed charge-sheet for the said offences on the file of the i addl. judicial magistrate of first class, special mobile court, kakinada who took cognizance of the ..... registered under sections 447, 427, 354 and 506, i.p.c. and section 7(1(d) of the protection of civil rights act. the learned committal magistrate took the complaint under section 3(i)(x) and 3(i)(xi) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, instead of section 7(1(d) of the protection of civil rights act apart from the other offences alleged. therefore, the ..... committal magistrate before committing the case and it is only after committal, the learned sessions judge framed the charges under sections 3(1)(x) and 3(i)(xi) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. it is stated that the committal magistrate should have committed the case to the assistant sessions judge, peddapuram since the ..... the learned sessions judge has taken up the ease by framing charges under sections 447, 427, 354 and 506, i.p.c. and 3(1)(x) and section 3(1)(ii) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989.3. the case of the prosecution is that the petitioner is an immediate neighbour to the de facto complainant .....

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May 06 2005 (HC)

V.P. Shetty Vs. Sr. Inspector of Police and anr.

Court : Mumbai

Reported in : 2005CriLJ3560; 2005(3)MhLj1006

..... to the complainant on account of he being belonging to the scheduled caste and further that even the provisions of section 3(1)(d) of the protection of civil rights act, 1955 (hereinafter referred to as the 'civil act') are clearly attracted and considering the provisions of section 15 of the civil act, the police are entitled to take cognizance of such offence and ..... investigate into the matter. the learned advocate for the complainant submitted that though at the time the atrocities act was brought ..... into force, it required the acts ..... on the ground of untouchability, he being a member of the scheduled caste. being so, even though the complaint may not disclose the offence punishable under the atrocities act, certainly prima facie it discloses an offence punishable under section 7(1)(d) of the civil act. the learned advocate for the petitioner in that regard sought to .....

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Dec 04 2007 (HC)

Sarita Shyam Dake Vs. Sr. Police Inspector and ors.

Court : Mumbai

Reported in : 2008(3)MhLj385

..... .r. no. 2105 of 2004 registered at mra marg police station, mumbai under section 3(1)(x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (hereinafter called as 'the atrocities act') read with 7(1)(c) and (d) of the protection of civil rights act, 1955 (hereinafter called as 'the civil rights act') on the ground that the complaint on the face of it nowhere discloses any offence either ..... under the atrocities act or under the civil rights act.3. the petitioner and the respondent no. 5 who is ..... accusation against the accused in those circumstances can hardly be said to be amounting to insult or humiliation to the member of scheduled castes or scheduled tribes within the meaning of the atrocities act.12. section 7(1)(c) of the protection of civil rights act provides that whoever by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any .....

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Aug 29 2006 (HC)

Bhalchandra S/O Dnyanoba Shelke and ors. Vs. State of Maharashtra and ...

Court : Mumbai

Reported in : 2006(6)MhLj209

..... no. 3, who is original complainant, to the extent of offence punishable under section 7(1)(d) of protection of civil rights act (for the sake of brevity civil rights act) and under section 3(1)(x) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (for brevity atrocities act).3. to state in brief the complainant/respondent no. 3 lodged a report at the police ..... and if the police officer finds that material sufficient to come to prima facie conclusion that the accused does not belong to scheduled caste or scheduled tribe, he may register the offence under the atrocities act or civil rights act and investigate the offence, provided other ingredients of such offence are made out.7. in the present case the original first ..... court contended that in the body of the report, the complainant had not stated that the accused persons do not belong to scheduled caste or scheduled tribe and therefore, the offence under the atrocities act or under civil rights act could not be registered nor investigation could be initiated. it is contended that in view of this, the police officer committed ..... error in registration of the offence and therefore, the f.i.r. to the extent of the offences punishable under the civil rights act and atrocities act, are .....

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May 02 2013 (HC)

Alkabai Others Vs. State of Maharashtra and Another

Court : Mumbai Aurangabad

oral judgment: (naresh h. patil, j.) shri. godsay, learned counsel appearing for the applicants, on instructions, submits that charge-sheet has been filed in respect of the subject crime. the learned counsel further submits that liberty be granted to raise appropriate challenge in view of filing of the chargesheet. 2. we have perused the complaint and considered the submissions advanced. we have also perused the order passed by the learned single judge on 12th march, 2009. 3. the applicants are at liberty to raise appropriate challenge to the charge-sheet filed by the police, in accordance with law. we direct that no coercive action be taken against the applicants till 21st june, 2013. the proceedings initiated on the complaint filed against the applicants on 21st march 2008, being crime no.36 of 2008, registered with police station, dharangaon, dist-jalgaon, shall stand stayed till 21st june, 2013. all issues are kept open. 4. rule is made absolute on the terms indicated above.

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Aug 12 2016 (HC)

State of Maharashtra Vs. Ambadas and Another

Court : Mumbai Aurangabad

..... respondents-accused were tried for an offence punishable under section 3(1)(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act and under section 7(1)(d) of the protection of civil rights act, 1955, in sessions case no.85 of 2003. 2. the present respondents moved an application under section 227 of the code of criminal procedure, seeking discharge from the said crime, which ..... march, 2002. 10. it is in this backdrop of the complaint lodged by respondent no.1 -accused against complainant narhari, on the next day a complaint is lodged against the present respondents under the provisions of the scheduled castes and scheduled tribes (prevention of atrocities) act and protection of civil rights act. apart from delay of one day in lodging the first information report at the behest of ..... complainant narhari, particularly in the backdrop of registration of c.r. no.104 of 2002 against him, this court is also required to take note of section 82 of the electricity (supply) act, 1948 and .....

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Jan 16 2013 (HC)

Sambhaji Vs. State of Maharashtra and Another

Court : Mumbai Aurangabad

..... made returnable and heard forthwith. the petitioner has questioned fir vide crime no.3007/2008 for offence under section 3(1)(x) of scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, and section 7(1)(d) of protection of civil rights act, lodged by respondent no.2 nitin. 2. the petitioner was working as superintendent, g.s.s. grade-b at ..... the said prosecution, shri ambadas gulave influenced his employee nitin chikte, a person belonging to scheduled caste / scheduled tribe to file fir for infraction of provisions of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as "the act of 1989). consequently, a fir vide crime no.3007/2008, was registered on 19.7 ..... an officer of the rank of deputy superintendent of police. 8. section 3 (1) (x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, conceive as under: "3. punishments for offences of atrocities (1) whoever, not being a member of a scheduled caste or a scheduled tribe,... ... ... (x) intentionally insults or intimidates with intent to humiliate ..... a member of a scheduled caste or a scheduled tribe in any place within public view; " the .....

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Apr 17 1980 (HC)

Laxman Jayaram Shant Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1981)83BOMLR15; 1981CriLJ387; 1980MhLJ833

..... 1979 convicting the accused-petitioner herein under s. 7(1) of the protection of civil rights act, 1955 (hereinafter referred to as the 'act').2. for relevant and material facts which give rise to this revision application as as under -the complainant - sitaram yeshwant chandanshive (p.w. 1), who is a member of the scheduled caste, and hails from kumbhari in jat taluka of ..... schedule caste, would not fall within the mischief of the said clause (d) of s. 7(1) of the act. unless such insult or attempt to insult is on the ground of 'untouchability.' then the question arises as to what is the meaning of the ground of 'untouchability'. art. 17 of the constitution does not define 'untouchability'. the protection of civil rights act, 1955 ..... . in pursuance of the said provisions of art. 35(a)(ii) of the constitution, the parliament has passed act. no. 22 of 1955 - the untouchability (offences) act, 1955, and subsequently by amending act no. 106 of 1976, the protection of civil rights act, 1955 has been substituted, art. 17 of the constitution itself does not define 'untouchability' presuming that it is known to ..... also does not define 'untouchability'. s. 2(a) defines 'civil rights' meaning thereby any right .....

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