Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court
1 month, 3 weeks ago

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Live Law  

Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes Act,, the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes Act,, the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community. The Court was hearing an appeal under Section 14-A of the SC/ST Act against the orders of an Additional Sessions Judge whereby the applications filed by them under Section 482 of BNSS for grant of anticipatory bail in a case arising out of FIR under Sections 126, 115, 191, 190, 324, 324 of BNS and Section 3 of the SC/ST Act, had been dismissed on the ground of non-maintainability of the applications. The judge noted that Apex Court had said, "It was further observed that if the accusation does not disclose the necessary ingredients of the offence on a prima facie reading, it cannot be said to be sufficient to bring into operation the bar envisaged by Section 18 of the SC/ST Act and holding otherwise would mean that even a plain accusation, devoid of the essential ingredients required for constituting the offence, would be enough for invoking the bar under Section 18 of the said Act."

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History of this topic

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court
2 weeks, 1 day ago

[SC/ST Act] Victim Belonging SC/ST Community Not Sufficient To Attract Offence Without Intention To Humiliate Due To Caste Identity: P&H High Court

Live Law  

The Punjab & Haryana High Court has set aside charges framed under the Scheduled Caste and Scheduled Tribes Act, observing that the offence cannot be attracted merely on the ground that the victim belongs to the SC/ST community without intention to humiliate him due to his caste. Justice Harpreet Singh Brar said, "merely the fact that the victim belongs to …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
3 weeks, 2 days ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC
1 month, 2 weeks ago

State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. The Punjab …

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court
3 months ago

POCSO Act Being Enacted Subsequently Will Prevail Over SC/ST Act In Case Of Conflict: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has reiterated if there is a conflict between the provisions of POCSO Act and the Scheduled Castes and the Scheduled Tribes Act, then provisions of the POCSO Act will be applicable as it was enacted subsequently. It also reaffirmed that a regular bail plea moved in a case registered under the provisions of the …

Supreme Court Monthly Round-up: November 2024
3 months, 2 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 2 weeks ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

Advocate Dinesh Jangra gets relief from high court in assault case
6 months, 2 weeks ago

Advocate Dinesh Jangra gets relief from high court in assault case

Hindustan Times  

The Punjab and Haryana high court granted anticipatory bail to Dinesh Jangra, an advocate accused in a high-profile assault case involving members of the Punjab and Haryana High Court Bar Association. The order was passed by Justice Manisha Batra overturning the decision of the additional sessions judge, Chandigarh, which had denied bail application of Dinesh Jangra. {{^userSubscribed}} {{/userSubscribed}} {{^userSubscribed}} {{/userSubscribed}} …

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint
6 months, 3 weeks ago

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint

Live Law  

The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict. The Supreme Court on Friday allowed …

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment
10 months, 1 week ago

Punjab & Haryana High Court Issues Bailable Warrant Against IAS Officer To Ensure Appearance In Contempt Case, Imposes 10K Cost For Adjournment

Live Law  

The Punjab & Haryana High Court has issued bailable warrants against an IAS officer to ensure her presence in a contempt plea filed by a man for allegedly violating the High Court's order and causing "illegal obstruction" in the construction of a plot.Justice Rajbir Sehrawat said, "to ensure the presence of the respondent before this Court on the next date …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes
1 year, 3 months ago

Matter Of Legislative Policy: Karnataka High Court Dismisses Plea Seeking To De-Recognize Certain Communities As Scheduled Tribes

Live Law  

The Karnataka High Court has dismissed a public interest litigation seeking to quash the enlistment of certain communities as Scheduled Tribes in the Constitution Order Act, 1991 & the Constitution Order Act, 2020. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Dr Ambedkar Scheduled Castes Federation Karnataka, through its …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 5 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
1 year, 7 months ago

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court

Live Law  

The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders. “the present order does not speak that the notice was issued to the informant and he was heard in view of the …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 9 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 9 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act
2 years, 10 months ago

No Untoward Incident Has Occured: Gujarat High Court Dismisses Plea For Cancellation Of Bail Of Accused Under SC/ST Act

Live Law  

Observing that no untoward incident has taken place since the persons accused under the Scheduled Castes and Scheduled Tribes Act, 1989 were released on bail, the Gujarat High Court has refused to entertain an application preferred by the complainant for cancellation of bail.Bench comprising Justice Ashutosh Shastri observed,"Trial is already set on motion and the. Observing that no untoward incident …

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014
2 years, 11 months ago

Madras High Court Grants Compensation To Victim Under SC/ST Amendment Act 2016 For Offence Committed In 2014

Live Law  

The Madras High Court has allowed a petition filed by a victim belonging to Scheduled Caste Community claiming compensation under the Scheduled Castes and Scheduled Tribes Act and the Scheduled Castes and Scheduled Tribes Amendment Rules, 2016, for an offence committed against her in the year 2014. While passing orders Justice G. Ilangovan observed that as per the Scheduled Castes …

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 …

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 …

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail
3 years, 2 months ago

Punjab & Haryana High Court Grants Bail To Man Accused Of Offence Prima Facie Less Serious Than Co-Accused Who Are On Bail

Live Law  

If the role attributed to the accused in an offence is prima facie less serious than the role attributed to the co-accused who have been granted the benefit of bail under S.438 CrPC and under S.439 CrPC, and if the accused is a first-time offender, then he deserves an opportunity to course-correct and the opportunity of bail cannot be denied …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 4 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court
3 years, 4 months ago

SC/ST Act - Notice To Victim Under Section 15A In Court Proceedings Against Accused Is Mandatory : Supreme Court

Live Law  

The Supreme Court observed that requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory.The bench of Justices DY Chandrachud and BV Nagarathna observed that, as per this requirement, a reasonable and timely notice must be issued to the victim or their dependent.Under Section 15A, a victim or. …

Supreme Court grants protection to AAP leader Sanjay Singh in hate speech cases in Uttar Pradesh
4 years, 1 month ago

Supreme Court grants protection to AAP leader Sanjay Singh in hate speech cases in Uttar Pradesh

India TV News  

The Supreme Court on Tuesday granted protection from coercive action to Aam Aadmi Party leader and Rajya Sabha MP Sanjay Singh in alleged hate speech cases lodged against him in Uttar Pradesh. The top court also issued notice to the Uttar Pradesh government and sought its response on two pleas of Singh seeking clubbing and quashing of FIRs lodged against …

ST Act, 39% of cases filed for atrocities against women were fake
4 years, 2 months ago

ST Act, 39% of cases filed for atrocities against women were fake

Op India  

In a significant disclosure, the Rajasthan police have revealed that nearly 40 per cent of the cases filed in the state in 2020 under The Scheduled Castes and Tribes Act, 1989 were found to be fake, reports Indian Express. According to the Indian Express report, the Rajasthan police have shared the official records which show that 39.55 per cent of …

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]
4 years, 7 months ago

Rajasthan HC Directs Registry To Not Entertain Appeals Under SC/ST Act Unless Victim Is Impleaded As A Party [Read Order]

Live Law  

The Rajasthan High Court has directed its Registry to ensure that appeals preferred under the Scheduled Castes/ Scheduled Tribes Act are instituted only after the complainant/ victim in the case is impleaded as a Respondent-party. 'Victim' Under SC/ST Act Includes Parents & Family Members Of Person Suffering Injuries Of The Crime : Karnataka HC In view of the aforementioned provisions, …

POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC
4 years, 8 months ago

POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC

Live Law  

The Bombay High Court has held that in a case where the child subjected to abuse happened to be belonging to the Scheduled Caste or the Scheduled Tribe, procedure carved out in the Protection of Children From Sexual Offences Act of 2012 would not take away the powers of the Special POCSO Court to try the offences under the SC/ST …

SC Rejects Anti-Sikh Riots Convict Mahender Singh Yadav's Plea For Interim Bail
4 years, 8 months ago

SC Rejects Anti-Sikh Riots Convict Mahender Singh Yadav's Plea For Interim Bail

Live Law  

The Supreme Court on Wednesday rejected the interim bail of Mahender Singh Yadav, co-accused in the 1984 Anti Sikh Riots.A bench of Justices Indira Banerjee & BR Gavai stated that no specific suggestions are put forth in the plea which prayed for interim bail for Yadav on account of being COVID19 positive and that everything possible was in fact being …

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]
4 years, 9 months ago

Castiest Remarks Made Over The Phone Is not An Offence Under SC/ST Act : Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has held that a casteist remark against a member of the Scheduled Caste community, which is made over a phone call, does not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989. "Merely uttering such wrong words in the absence of any public view does not show any intention or mens …

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]
5 years, 1 month ago

Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out: SC [Read Judgment]

Live Law  

The Supreme Court has observed that provisions of section 438 of the Code of Criminal Procedure shall not apply to the cases under Scheduled Castes and Scheduled Tribes Act, except when the complaint does not make out a prima facie case for applicability of the provisions of the Act.In cases where prima facie case is not made out, the bar. …

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused
5 years, 1 month ago

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused

Firstpost  

The top court also upheld Centre’s directive that anticipatory bail to the accused charged with atrocities against SC/ST will not be provided. No prior approval of appointing authorities for senior police officers is needed to file FIRs in cases of atrocities on SC and ST. #SupremeCourt upholds Govt's 2018 amendments in the SC/ST Act: * Preliminary enquiry not a must …

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]
5 years, 1 month ago

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]

Live Law  

In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on. …

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail
5 years, 1 month ago

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail

India Today  

Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the court which had diluted the provisions of the Act. In its September 30 verdict, the Supreme Court's three-judge bench had recalled its March 20, 2018 order that had …

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]
5 years, 3 months ago

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]

Live Law  

"A petition for anticipatory bail is maintainable even if the case has been registered under the Scheduled Castes and the Scheduled Tribes Act, 1989 ", stated the High Court of Madras led by bench, Justice G.R. based on this, it was held that the court has the power to grant anticipatory bail even in cases arising under the Scheduled Castes …

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018
5 years, 5 months ago

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018

Live Law  

The Supreme Court on Thursday reserved judgment on the petitions challenging the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act. Indicating that the amendments will be upheld, the bench of Justices Arun Mishra, …

Proof That Offence Was Committed Only Because Victim Was SC-ST Member Necessary To Sustain Conviction U/s 3(2)(v) SC-ST (Prevention Of Atrocities) Act: SC [Read Judgment]
5 years, 6 months ago

Proof That Offence Was Committed Only Because Victim Was SC-ST Member Necessary To Sustain Conviction U/s 3(2)(v) SC-ST (Prevention Of Atrocities) Act: SC [Read Judgment]

Live Law  

In order to sustain a conviction under Section 3 of the Scheduled Castes and Scheduled Tribes Act, it must be proved that the offence was committed only on the ground that the victim was a member of the Scheduled Caste, the Supreme Court has reiterated.The bench comprising Justice R. Banumathi and Justice AS Bopanna set aside the conviction of the …

SC Issues Notice On Plea Challenging Mandatory Death Penalty Under SC/ST Act [Read Petition]
5 years, 10 months ago

SC Issues Notice On Plea Challenging Mandatory Death Penalty Under SC/ST Act [Read Petition]

Live Law  

The Supreme Court bench headed by Justice SA Bobde today issued notice to the Centre on a PIL challenging mandatory death penalty under section 3 of the Scheduled Castes and the Scheduled Tribes Act. The provisions prescribes mandatory death penalty to a non-SC/ST person, if he is found to have knowingly fabricated or given false evidence in a criminal. The …

SC/ST Act: CJI To Consider Listing Of Centre's Review Petition And Challenge Against Amendments Together
6 years, 1 month ago

SC/ST Act: CJI To Consider Listing Of Centre's Review Petition And Challenge Against Amendments Together

Live Law  

The Supreme Court on Friday said it will consider listing the Centre's review petition against Judgment in Dr. Subhash Kashinath Mahajan case, and petitions challenging the amendments to the Scheduled Castes and the Scheduled Tribes, together before an appropriate bench. Attorney General K K Venugopal said that a bench headed by Justice A K Sikri had on Thursday passed an …

SC Adjourns Hearing Of Petition Challenging Validity Of SC/ST Amendment Act To Nov 20
6 years, 4 months ago

SC Adjourns Hearing Of Petition Challenging Validity Of SC/ST Amendment Act To Nov 20

Live Law  

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Monday adjourned to November 20, being a Non-Miscellaneous Day, the hearing on a string of petitions challenging the Scheduled Castes and Scheduled Tribes Amendment Act of 2018.Regarding it as a “minor modification”, Solicitor General Tushar Mehta requested for time until Friday to file. The Supreme Court bench …

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]
6 years, 5 months ago

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral.In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and …

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]
6 years, 5 months ago

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral.In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and …

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]
6 years, 6 months ago

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]

Live Law  

The Supreme Court has been moved, yet again, challenging the Scheduled Castes and the Scheduled Tribes Amendment Act, 2018, saying it bypasses the apex court’s order against arbitrary arrest under the Act and “is an attempt to separate the society unfairly”.The petition filed by India for Rule of Law Foundation and advocate Vikas Parashar prayed for striking. The Supreme Court …

New amendments to SC/ST Act by Parliament cannot be stayed, says Supreme Court; asks for Centre's response on pleas
6 years, 6 months ago

New amendments to SC/ST Act by Parliament cannot be stayed, says Supreme Court; asks for Centre's response on pleas

Firstpost  

The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Wednesday, as it sought the Centre’s response on a batch of pleas challenging the fresh provisions. New Delhi: The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Wednesday, as …

SC Issues Notice On Petitions Challenging Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018
6 years, 6 months ago

SC Issues Notice On Petitions Challenging Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018

Live Law  

The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan on Friday issued notice to the Centre on a string of petitions challenging the Scheduled Castes and Scheduled Tribes Amendment Act of 2018.However, the bench declined to stay the Amendment without according an opportunity of being heard to the government. The Supreme Court bench of Justices A. K. …

Uproar expected in Punjab as Amarinder govt moves to table bill introducing amends to Section 295 AA blasphemy law today
6 years, 6 months ago

Uproar expected in Punjab as Amarinder govt moves to table bill introducing amends to Section 295 AA blasphemy law today

Firstpost  

The Punjab government’s proposed decision to amend Section 295 AA, a law which makes acts of sacrilege against the holy books — Guru Granth Sahib, Gita, Quran, Bible — of major religions punishable with life imprisonment, is expected to cause quite an uproar as the bill will be tabled in Punjab assembly on Tuesday. Meanwhile, chief minister Amarinder Singh tweeted …

Plea In SC Challenges The Vires Of Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Act 2018 [Read Petition]
6 years, 7 months ago

Plea In SC Challenges The Vires Of Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Act 2018 [Read Petition]

Live Law  

The Supreme Court has been moved in a PIL praying that the 2018 Amendment to the Scheduled Castes and Scheduled Tribes Act of 1989 be struck down as being in the teeth of Articles 14, 19 and 21 and violative of the basic structure of the Constitution.The grievance of the petitioners arises from the fact that even as the review …

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