CiteTEXT
...that “Niari” community are by caste “Kaibarta” or “Keuta” which are synonymous with “Dewar”. “Dewar” is included in the Constitution (Schedule Caste) Order, 1950. For such submis...Dhibara communities have to be treated synonymous names of Dewar community which has already been specified in the Scheduled Caste list in relation to the State of Orissa. If Keuta or Kaibarta are...- transferors belong to ‘Dhoba’ caste which is one of the Scheduled Castes in the State of Orissa.”16. In Narayan Behera's case (supra) it has been authoritatively pronounced that in ...
...Narayan Behera v. State of Orissa in Bhaiya Ram Munda v. Anirudh Patar, (1970) 2 SCC 825 : ...)11. The directives in Narayan Behera's case was, therefore, to delete ‘Dewar’ and the equivalent term ‘Dhibara’, because there is no caste known as ‘Dewar’ in the State of Orissa ...’ as members belonging to Scheduled Caste. At the same time, the finding and observation of the High Court was accepted by the Parliament that there is no ‘Dewar’ or ‘Dhibara’ caste in Orissa, because, as ...
...filed, Sri Misra for the petitioner submits that ‘Radius’ are a class of ‘Kaibarta’ or ‘Keuta’ which is synonymous with ‘Dewar’. ‘Dewar’ is included in the Constitution (Scheduled 1 Castes) Order, 1950. In ...‘Dewar’ community which is one of the communities of Scheduled Caste in Orissa by Presidential order.4. Learned counsel for the State raises the question of maintainability of the writ...issued by the Government of Orissa in the Harijan & Tribal Welfare Department it has been indicated that in view of the judgment of the High Court ‘Keuta’, ‘Kaibarta’ and ‘Dhibara’ community have to be treated as synonymous...
...is void and the property is liable to be restored in their favour. The writ petitioner contested the case, but the Revenue Officer held that the caste, 'Keuta' is synonymous to the caste, 'Dewar' which is a schedul...under section 23 of the orissa land reforms act for restoration of the case land, in their favour on the assertion that though their ancestor belonged to 'Keuta' caste, which is a scheduled caste as..., 'Keuta' must be held to be synonymous to 'Dewar' and as such a scheduled caste on the date the sale in favour of the petitioner was effected. Since on the date of the sale the vendor, ancestor of...
...belongs to ‘Dewar’ caste which has been declared to be a Scheduled Caste as per the judgment dated 19-9-1991 rendered by this Court in O.J.C No. 837 of 1990 (Krushna Chandra Barik v. State of ...Dhoba is one of the castes recognised by the President as Scheduled Caste in rela-tion to the State of Orissa. Since the appellant therein claimed the status as a Rajaka in one of the sale deeds, it was...sought to deny him the benefits conferred on Scheduled Castes. This Court had held that since the President has notified Dhoba to be Scheduled Caste in relation to the State of Orissa, merely because...
...petitioner is a Scheduled Caste since Kaibarta is synonymous to Dewar which finds place at Serial No.24 of Annexure-1. As a matter of fact, in 1977, the Panchayat Raj Department, Government of Odisha had an...
8. In course of hearing, Mr. Patra, learned ASC for the State refers to Annexure-A/2 to contend that the Dewar caste was included at Entry 24 after amendment to t...caste certificate in 1997 as a Scheduled Caste since Kaibarta is held to be synonymous with Dewar. The report vide Annexure-6 after an enquiry suggested that the petitioner may be a Scheduled Caste...
...Orissa, the authorities went to consider whether the caste 'Keuta' can be considered to be synonymous to or a sub-caste of the caste 'Dewar' which was included in the Presidential Order a...'Keuta' does not come within the caste 'Dewar' which was included in the Presidential Order. Accordingly, the Additional District Magistrate allowed Appeal No. 4 of 1990 & dismissed Appeal No. 6...as a Scheduled Caste for the State of Orissa. Relying on a decision of this Court in OJC No. 247 of 1978: 49(1980) CLT 47 :Narayan Behera v. State of...
...virtue of the 2002 Act inserting Entry 24 in the 1950 Order is that the said castes do not belong to the 'untouchable category' in Orissa, which according to the Petitioners is the basic requirement for a caste to ...ignoring the recommendations made earlier by the Government of Orissa for deletion of Dewar from the list of SCs.
6. Notice was first issued in the present writ petition on...'Dewar', Dhewar were taking advantage of the name Dewar and were returning themselves as Scheduled Castes and may, in fact, were issued Scheduled Caste certificates. Since Kaibarta and Keuta considered...
...virtue of the 2002 Act inserting Entry 24 in the 1950 Order is that the said castes do not belong to the 'untouchable category' in Orissa, which according to the Petitioners is the basic requirement for a caste to ...ignoring the recommendations made earlier by the Government of Orissa for deletion of Dewar from the list of SCs.
6. Notice was first issued in the present writ petition on...'Dewar', Dhewar were taking advantage of the name Dewar and were returning themselves as Scheduled Castes and may, in fact, were issued Scheduled Caste certificates. Since Kaibarta and Keuta considered...
...a Scheduled Caste. The Presidential Notification mentioned only ‘Dewar’. On reference to some other materials, it was found that ‘Dhibara’ community was traditionally engaged in fishing, boating, etc...and others on the ground that as they were members of the Scheduled Caste, namely. Rajaka, the sales in question were hit by the provisions contained in section 22 of the Act and have succeeded in...(Scheduled Caste) Order, 1950 (for short ‘Presidential Order’) as caste or tribe. This fact is not in dispute but the claim was made by opposite party No. 1 on the basis of entry No. 26, i.e, ‘Dhoba...
...No. 263 of 1974 decided on 21-1-1976 (supra). It was held that Kampa Soura is not a Scheduled Tribe within the State of Orissa.In the case of Narayan Behera v. State of Orissa reported ...absolutely null and void in view of the provisions of Orissa Regulation No. 2 of 1956 (hereinafter referred to as the ‘Regulation’). The learned Subordinate Judge held that the suit land is situated in the...opp. parties Nos. 1 to 3 claimed to be “Jarasavar” and in the Presidential Order of 1950 (hereinafter referred to as the ‘Order’) so far as Orissa is concerned there is no classification as “Jarasavar...
...is not specifically mentioned in the entry concerned in the Constitution (Scheduled Tribes) Order, 1950?(2) Whether “Halba-Koshti” caste is a sub-tribe...Tribal Commissioner (R-5) which invalidated the caste certificate issued to him as belonging to Scheduled Tribe. It is stated that Raoji Koshti of Khapa town in Nagpur Tehsil had a son by name Bajirao who...statement, he further admitted that all his relatives have married in their own caste and there was no instance of inter-caste marriage having taken place; in the records, name of the caste and...
...no quarrel in the house at any time and I never went out from the house by quarrelling. We are doing agriculture and there is no dearth of money. Tehal Singh is my dewar and we are living in the house...Order1. Leave granted.2. These appeals are directed against the judgment and order dated 14-12-2005 passed in Criminal...questioning the correctness of the order dated 30-10-2003 passed by the learned Sessions Judge refusing to discharge them in exercise of its jurisdiction under Section 227 of the Code of Criminal Procedure was...
...January 1996 in Miscellaneous Case No. 7/1996, mentioning that the first respondent belonged to a Scheduled Caste, “Dewar”.4. On 2 August 2011, the appellant requested...) of the Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980. Placing reliance on the decisions of this Court in...the Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980. Placing reliance on the decisions of this Court in...
...and her family members were insulted by the petitioners by mentioning her caste and also assaulted them by saying “beat the Mahar so that they should not live in the village...abused on caste by saying, ‘beat the Mahar so that they should not live in the village’, on the ground that, the rainwater is allowed to flow in the field of Balu Bhanudas Pawar. I and others have...M.A Rashid v. Gopal Chandra Cri. MC No. 3866 of 2008 (Crl. MC 3866/2008) decided on 23-3-2012 and decision of the Orissa High Court in...
...specified in relation to them in those Parts of that Schedule.”5. So far as the State of Orissa is concerned, entry no. 24 is Dewar. In the communication of the Ministry of Home Affairs date...case may be.(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or...group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.”4. In exercise of the...
...arbitrary certificate that petitioner belongs to “Dewar” caste.6. In the case State of Maharashtra v. Millind (supra), a Constitution Bench of the Apex Court after making...“Niari” is a Sub-caste of “Dewar” or not is not a matter to be decided by any revenue authority or any Court.8. In the present case, petitioner admitted that he belongs to “Niari” caste...authority to enquire and interpret that “Niari” would come within “Dewar” caste and could be taken as a caste included in the list of the Presidential Order. That apart there are public documents like...
....(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under clause (1) any caste, race or tribe or part of or gro...State’ in conjunction with ‘for the purposes of this Constitution’ seeks to convey.8. Article 15 of the Constitution prohibits discrimination on grounds of religion, race, caste...criterion for including a community in the list of Scheduled Castes and Scheduled Tribes. The social conditions of a caste, however, varies from State to State and it will not be proper to generalise any...
...Ahmadi, J.— Where a person belonging to a caste or tribe specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to State A...migrates to State B where a caste or tribe with the same nomenclature is specified for the purposes of the Constitution to be a Scheduled Caste or a Scheduled Tribe in relation to that State B, will that...law from the list of Scheduled Castes or Scheduled Tribes specified in the notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe. Similar...
...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...although the Appellant may not belong to the same caste as the Complainant, he too belongs to the relatively weaker/backward section of the society and is certainly not in any better economic or social...position when compared to the victim. Despite the rampant prevalence of segregation in Indian villages whereby members of the Scheduled Caste and Scheduled Tribe community are forced to restrict their...