8 July 2024


Search Results for Tag : SC/ST Act

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Gujarat HC: Legislature Conferred Precedence of POCSO Act Over SC/ST Act(08.10.2020)

Gujarat High Court has ruled that the comparative analysis of provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.....

Tags : Gujarat High Court, Precedence of POCSO Act Over SC/ST Act

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SC Dismisses PIL Seeking Action Against Politicians for Damages in Protests Against SC/ST Verdict(24.10.2018)

Supreme Court has dismissed a PIL seeking a direction that the politicians, who were allegedly behind the massive unrest across the country because of.....

Tags : Supreme Court, SC/ST Act

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Gujarat HC: Revisional Power Can't be Invoked With Unclean Hands(23.08.2022)

Gujarat High Court has upheld the decision of Sessions Court rejecting the complaint under the SC/ST (Prevention of Atrocities) Act on the ground that.....

Tags : Gujarat High Court, SC/ST Act, Electricity Theft

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Allahabad HC Upholds Constitutional Validity of Appeal Provision under SC/ST Amendment Act(11.10.2018)

Allahabad High Court has upheld the constitutional validity of Section 14A (2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, which make.....

Tags : Allahabad High Court, SC/ST Act

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Allahabad HC: No Conviction Under SC/ST Act if Offence Not Committed on Ground of Victim's Caste(29.07.2022)

Allahabad High Court has held that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence that .....

Tags : Allahabad High Court, SC/ST Act, Caste, Conviction

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Allahabad HC: Compensation Under SC/ST Act Should be Paid on Conviction & Not on Filing of FIR(04.08.2022)

Allahabad High Court has held that compensation to the Victims under the SC/ST (Prevention of Atrocities) Act, 1989 should be disbursed only upon the .....

Tags : Allahabad High Court, Compensation, SC/ST Act, Conviction

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Bombay HC Grants Anticipatory Bail to Principal After Complainant Sought Extra Judicial Remedy(09.06.2022)

Bombay High Court while granting anticipatory bail to the accused for an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities.....

Tags : Bombay High Court, Anticipatory Bail, SC/ST Act

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AP HC: SC/ST Act Not Attracted if Offence Not Done With Intention That Victim is of Particular Caste(12.07.2022)

Andhra Pradesh High Court has held that when the offence is not done with an intention that the victim belongs to a particular case, then the provisio.....

Tags : Andhra Pradesh High Court, Intention, SC/ST Act

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SC Quashed Complaint Alleging Offence Under SC/ST Act(09.01.2023)

Supreme Court while quashing a complaint alleging complaint under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, has observ.....

Tags : Supreme Court, SC/ST Act, Private Dispute, Abuse of Law

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Kerala HC: POCSO Act Prevails Over SC/ST Act(27.10.2022)

Kerala High Court has held that Protection of Children from Sexual Offences Act, 2012 (POCSO) prevails over SC/ST (Prevention of Atrocities) Act, 1989.....

Tags : Kerala High Court, POCSO, SC/ST Act

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Not Necessary to Appoint Prosecutor of Victim's Choice Under SC/ST Act: Delhi HC(28.01.2019)

Delhi High Court has held that it is not necessary for the Magistrate to appoint an advocate of the victim's choice to act as the public prosecutor un.....

Tags : Delhi High Court, Not Necessary to Appoint Prosecutor of Victim's Choice Under SC/ST Act

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Gujarat High Court: SC/ST Act Meant to Confer Dignity,Will not Change with Migration to Another State(19.09.2019)

Gujarat High Court has ruled that a crime against a person belonging to SC/ST community in other State and not in Gujarat invite provisions of the Sch.....

Tags : Gujarat High Court, SC/ST Act

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Supreme Court Declines Urgent Hearing of Plea on SC/ST Act Ruling(02.04.2018)

Supreme Court has declined to hear an urgent plea on the ruling to do with the SC/ST (Prevention of Atrocities) Act.

Tags : Supreme Court, SC/ST Act

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Evidence Needed for Conviction Under SC/ST Act: Hyderabad High Court(09.04.2018)

Hyderabad High Court has observed that Courts will not punish those who are accused u/s 3(1)(x) of SC/ST Act, 1989 in absence of any evidence of alleg.....

Tags : Hyderabad High Court, SC/ST Act

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All. HC: False POCSO/SC-ST Cases Being Filed to Claim Money from the State(11.08.2023)

Allahabad High Court has observed that certain false FIR under the POCSO as well as SC/ST Act are being lodged against innocent persons ruining their .....

Tags : Allahabad High Court, False Case, POCSO, SC/ST Act

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Bombay HC Rules ‘Court Cannot Ignore Illegal Detention’(04.11.2016)

Bombay High Court, while granting bail to a Gondia man arrested for murder and cases under Arms Act and SC/ST Act, has said that court can’t turn Nels.....

Tags : Bombay High Court, Arms Act, SC/ST Act, illegal detention

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Supreme Court Amends its 2018 Verdict on SC/ST Act on Centre's Plea(01.10.2019)

Supreme Court has quashed its own verdict which introduced measures like prior inquiry before the arrest of an accused under the Scheduled Castes and .....

Tags : Supreme Court, SC/ST Act

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P&H HC Directs DGP to Not Register FIR Under SC/ST Act at Instance of Third Party(19.10.2021)

Punjab and Haryana High Court has directed the Director-General of Police, Punjab to not register FIR under the Scheduled Castes and the Scheduled Tri.....

Tags : Punjab and Haryana High Court, FIR Under SC/ST Act

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All. HC: Accused Charged Under Both SC/ST Act and POCSO Entitled to Take Recourse Under POCSO(17.10.2023)

Allahabad High Court has held that where an accused has been charged under the SC/ST Act and the POCSO Act, a Special Court under the POCSO Act, would.....

Tags : Allahabad High Court, Anticipatory Bail, SC/ST Act, POCSO

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All. HC: Accused Charged Under Both SC/ST Act and POCSO Entitled to Take Recourse Under POCSO(17.10.2023)

Allahabad High Court has held that where an accused has been charged under the SC/ST Act and the POCSO Act, a Special Court under the POCSO Act, would.....

Tags : Allahabad High Court, Anticipatory Bail, SC/ST Act, POCSO

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Can’t Arrest Anyone Without Following Just Procedure: Supreme Court(17.05.2018)

Supreme Court, while digging in its heels on its March 20 ruling in which it had barred immediate arrests in cases registered under the SC/ST Preventi.....

Tags : Supreme Court, SC/ST Act

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Supreme Court Mandates Prior Sanction to Prosecute Officers Under SC/ST Act(21.03.2018)

Supreme Court has introduced safeguards to prevent misuse of the SC/ST (Prevention of Atrocities) Act, 1989 against officers who deal with the complai.....

Tags : Supreme Court, SC/ST Act

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SC/ST Act Not Abused in Every Case, Says Bombay High Court(31.03.2018)

Bombay High Court has held while hearing a criminal appeal that it cannot proceed on the footing that the Scheduled Castes and the Scheduled Tribes (P.....

Tags : Bombay High Court, SC/ST Act

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Bom. HC: Appeal u/s 14A of SC/ST Act not Allowed When Case is Under Both SC/ST Act and POCSO(21.12.2023)

Bombay High Court has held that in a case involving offenses under both, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198.....

Tags : Bombay High Court, SC/ST Act, POCSO, Appeal

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All. HC: Can’t Challenge Orders u/s 482 CrPC if Appeal Lies Under Section 14A of the SC/ST Act, 1989(14.02.2024)

Allahabad High Court has held that in cases where an appeal against an order would lie under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989.....

Tags : Allahabad High Court, S. 14 SC/ST Act, S. 482 CrPC

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Preliminary Enquiry Not Must for Every Complaint Under SC/ST Act: Supreme Court(04.05.2018)

Supreme Court has said that only anti-Dalit atrocities' complaints which are felt “absurd” or “absolutely” frivolous need to be probed by the police b.....

Tags : Supreme Court, SC/ST Act

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Ori HC: No Bar Against Anticipatory Bail in cases under SC/ST Act if No Prima Facie Offence Made Out(29.01.2024)

Orissa High Court has held that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Trib.....

Tags : Orissa High Court, Anticipatory Bail, SC/ST Act, Prima Facie Offence

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SC: Conviction under SC/ST Act Can’t Sustain if Offence u/s 3(1)(xi) Not Committed on Caste Basis(30.01.2024)

Supreme Court has held that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention .....

Tags : Supreme Court, Section 3(1)(xi) of SC/ST Act, Outraging Woman's Modesty

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Allahabad High Court: SC/ST Act Applies if Offence is Public(25.02.2020)

Allahabad High Court has set aside an order of summoning under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/.....

Tags : Allahabad High Court, Applicability of SC/ST Act

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Simply Filing False Complaint Not Punishable Under SC/ST Act: Kerala High Court(09.07.2018)

Kerala High Court has held that simply filing a false complaint against a member of Scheduled Caste, before any authority, is not punishable under Sch.....

Tags : Kerala High Court, SC/ST Act

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Delhi HC Issues Notice in Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act(16.04.2020)

Delhi High Court has issued notice in a plea moved by a police officer seeking quashing of a First Information Report (FIR) against him which was regi.....

Tags : Delhi High Court, Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act

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Bombay HC: Proceedings Related to SC/ST Act Must be Video Recorded Even if Held in Open Court(14.03.2024)

Bombay High Court has held that it would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes (Prevention.....

Tags : Bombay High Court, SC/ST Act, Video Record

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Gujarat HC: To Prosecute Person Under SC/ST Act, Accused Should Have Knowledge of Caste(18.02.2022)

Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must b.....

Tags : Gujarat High Court, Prosecution Under SC/ST Act

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Lok Sabha Passes Amendments to SC/ST Act(07.08.2018)

Lok Sabha has unanimously passed the SC/ST amendment Bill which nullifies requirements imposed by Supreme Court of undertaking preliminary inquiry and.....

Tags : Lok Sabha, SC/ST Act

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Rajya Sabha Passes Bill to Restore SC/ST Act(10.08.2018)

Rajya Sabha has passed the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, which seeks to overturn a Supreme Cou.....

Tags : Rajya Sabha, SC/ST Act

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No Routine Arrest Under SC/ST Act If Sentence In Other Sections Is Less Than 7 Years: Allahabad HC(13.09.2018)

Allahabad HC has observed that the police would not make any routine arrest in matters related to the Act where offences under associated sections wer.....

Tags : Allahabad High Court, SC/ST Act

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Allahabad HC: Application U/S 482 CrPC Not Maintainable Against Summoning Order under SC/ST Act(30.05.2022)

Allahabad High Court while taking into account Section 14A(1) of the S.C./S.T. Act has held that Application under Section 482 of CrPC can't be filed .....

Tags : Allahabad High Court, Section 482 CrPC, SC/ST Act

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