[SC/ST Act] Courts Duty To Ensure Social Welfare Legislations Are Not Misused & False Complaints Are Not Perpetuated: Delhi High Court
1 month, 2 weeks ago

[SC/ST Act] Courts Duty To Ensure Social Welfare Legislations Are Not Misused & False Complaints Are Not Perpetuated: Delhi High Court

Live Law  

While quashing a First Information Report under the Scheduled Castes and Scheduled Tribes Act, 1989, the Delhi High Court remarked that such welfare legislations should not be misused for ulterior motives and that the court has to ensure that false complaints are not allowed to continue. Thus, while the Courts has a pious duty to protect the rights of individuals belonging to Scheduled Castes and Scheduled Tribes, it is equally essential to ensure that false or frivolous complaints are not made and if made should not be allowed to perpetuate.” The Court was considering petitions of three doctors to quash FIR against them under Section 3 of the PoA Act. The complainant filed a complaint with the Secretary, Ministry of Health and Family Welfare, GOI alleging that Dr Singh showed favoritism towards the other two petitioners. The records reveal a pattern of allegations and counter-allegations between the complainant and the petitioners.” The Court noted that the National Commission for Scheduled Caste's closed the case as it did not find any substance in the complaint.

Court Courts False Fir Complainant Complaint Cat Filed Alleged Scheduled Magistrate Scheduled Tribes Scheduled Castes Petitioners Dr Singh  false  high  complaint  petitioners  welfare  dr  singh  social  filed  complainant  scst  court  legislations  perpetuated  misused  duty  ensure  alleged  castes  scheduled

History of this topic

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
3 months, 2 weeks ago

Complaint Didn't Mention Accused Was Aware Of Cast, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case

Live Law  

The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes Act, 1989, observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste. These observations were made while hearing the plea to quash the criminal complaint lodged in …

Court Seeks Delhi Police's Action Taken Report On Sameer Wankhede's Complaint Against IPS Officer Gyaneshwar Singh
1 year, 1 month ago

Court Seeks Delhi Police's Action Taken Report On Sameer Wankhede's Complaint Against IPS Officer Gyaneshwar Singh

Live Law  

A Delhi Court has sought an action taken report from the Delhi Police on the complaint filed by IRS Officer Sameer Wankhede against IPS Officer and NCB DDG Gyaneshwar Singh. Additional Sessions Judge Devender Kumar Jangala of Patiala House Courts issued notice to the Deputy Commissioner of Police and ordered that an action taken report be filed in respect of …

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime
1 year, 4 months ago

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

Live Law  

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most the cases …

Maharashtra: Gov Koshyari sends complaint to govt in case pertaining to minister's slur against Supriya Sule
2 years, 3 months ago

Maharashtra: Gov Koshyari sends complaint to govt in case pertaining to minister's slur against Supriya Sule

India TV News  

Maharashtra: Governor Bhagat Singh Koshyari recently sent a complaint to Maharashtra govt asking the govt to take appropriate action in a case pertaining to a Maharashtra Minister's slur against Nationalist Congress Party MP Supriya Sule last month. This comes around a fortnight after an all-party delegation of women MPs, including NCP's Fauzia Khan and Samajwadi Party's Jaya Bachchan, several MLAs …

SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC
2 years, 9 months ago

SC/ST Act Can't Be Invoked Merely Because Victim's Mother Belongs To Scheduled Caste: Karnataka HC

Live Law  

The Karnataka High Court has held that a person, whose one parent belongs to the scheduled caste community and another parent to forward caste, will have to in his complaint under the Schedule Caste & Scheduled Tribes Act, 1989, specifically plead that he belongs to the schedule caste. The bench observed, "The complaint does not contain any fact about anything …

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court
2 years, 11 months ago

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently discontinued an investigation in a crime in which the First Information Report did not indicate any willful negligence of duties by public servant which were required to be performed under the Scheduled Castes and Scheduled Tribes Act, 1989. Thereafter, the informant claimed to have approached the National Commission for Scheduled Castes, Hyderabad for release …

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
3 years ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional …

Delhi High Court Refuses To Quash FIR Alleging Sexual Harassment At Workplace, Status Report On Investigation Sought
3 years ago

Delhi High Court Refuses To Quash FIR Alleging Sexual Harassment At Workplace, Status Report On Investigation Sought

Live Law  

Refusing to quash an FIR alleging sexual harassment of a female employee at workplace, the Delhi High Court has sought a detailed status report from the Police under the signatures of the DCP concerned.Justice Mukta Gupta sought a detailed status report in the matter after carrying out a proper investigation.The Court was dealing with a petition seeking quashing of FIR …

Calcutta High Court Directs State To Disclose Number Of Pending Cases Under SC/ST Act In WB
3 years, 1 month ago

Calcutta High Court Directs State To Disclose Number Of Pending Cases Under SC/ST Act In WB

Live Law  

The Calcutta High Court on Monday directed the State government as well as the High Court administration to file an affidavit disclosing the existing number of pending cases under the Scheduled Castes and the Scheduled Tribes Act, 1989 in the State as on January 31, 2022. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon …

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB
3 years, 9 months ago

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB

Live Law  

Holding that caste-based questions put in the primary teachers' recruitment exams conducted by the Delhi Subordinate Services Selection Board were prima facie intentionally insulting, or intimidating, with a view to insult members of specific castes, the Delhi High Court today upheld a trial court order directing for the registration of an FIR against unknown offenders under the. Holding that caste-based …

Delhi HC Directs Delhi Govt To Expeditiously Process Applications Claiming Compensation For Victims of Delhi Riots [Read Order]
4 years, 8 months ago

Delhi HC Directs Delhi Govt To Expeditiously Process Applications Claiming Compensation For Victims of Delhi Riots [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to expeditiously process the applications seeking compensation for the victims of Delhi riots in accordance with its Office Order dated 05/03/20. The Single Bench of Justice Navin Chawla further directed that the Delhi Government shall accept such applications on its presentation without insisting on furnishing a copy of the FIR. The order …

Delhi Court Seeks Action Taken Report In Plea For FIR Against Manish Sisodia
5 years, 1 month ago

Delhi Court Seeks Action Taken Report In Plea For FIR Against Manish Sisodia

Live Law  

ACMM Vishal Pahuja of Rouse Avenue Court Delhi has directed Delhi Police to submit an Action Taken Report on a plea moved by Alakh Alok Srivastava seeking lodging of FIR against Manish Sisodia for allegedly making a provocative statement. Advocate Alakh Alok Srivastava had moved a complaint in a Delhi Court against Delhi's Deputy CM Manish Sisodia for allegedly spreading …

Take Recourse To Settlement Before Seeking Action Against Protesting Police Officers: Delhi HC Tells Petitioner
5 years, 4 months ago

Take Recourse To Settlement Before Seeking Action Against Protesting Police Officers: Delhi HC Tells Petitioner

Live Law  

Delhi High Court has asked the Petitioner to take recourse to good office and settlement before seeking any directions against police officers who participated in the protests against the Tis Hazari and Saket court incidents. While adjourning the matter to February 12, the Division Bench of Chief Justice DN Patel and Justice Hari Shankar did not accept the contention for …

Reply or face action: High court to Telangana government
5 years, 11 months ago

Reply or face action: High court to Telangana government

Deccan Chronicle  

Hyderabad: The Telangana High Court has directed the state government to submit its explanation in a contempt petition filed by the Telangana State Backward Classes Welfare Association represented by its president Jajula Srinivas Goud. Mr Goud had urged the court to punish the panchayat raj and BC welfare department officials for violation of court orders. The petitioner alleged that the …

SC/ST Act: Govt to file review petition against apex court judgement diluting some stringent provisions
6 years, 11 months ago

SC/ST Act: Govt to file review petition against apex court judgement diluting some stringent provisions

India TV News  

The Union Government on Friday decided to file a review petition in the Supreme Court against the apex court's recent judgement that laid down stringent safeguards for registering a case under the Scheduled Castes and the Scheduled Tribes Act, 1989. On Thursday, Union Law Minister Ravi Shankar Prasad had also said that the government was mulling to file a review …

Modi govt to file review petition against Supreme Court order preventing misuse of SC/ST act
6 years, 11 months ago

Modi govt to file review petition against Supreme Court order preventing misuse of SC/ST act

Op India  

The Ravi Shankar Prasad led law ministry on Wednesday approved the filing of a review petition against the recent Supreme Court verdict regarding the Scheduled Caste and Scheduled Tribes Act. As per the 20th March verdict, a Supreme Court bench had issued directions to prevent the misuse of this act. The Supreme Court bench had made these observations while hearing …

SC/ST Act order: Centre will seek Supreme Court review
6 years, 11 months ago

SC/ST Act order: Centre will seek Supreme Court review

Hindustan Times  

The law ministry on Wednesday cleared the ground for the government to file a review petition in the Supreme Court against the apex court’s decision to ban automatic arrests and registration of criminal cases for suspected offences against underprivileged communities. The law ministry’s advice came hours after Prime Minister Narendra Modi met a delegation of Bharatiya Janata Party and National …

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