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...Scheduled Caste Community, and that the customary divorce has been prevailing in their community. It is also his submission that the respondent and her former husband i.e., K. Jacob had taken ...himself and the respondent belonged to Scheduled Caste and customary divorce has been prevailing in their community. The respondent has examined RW4 L. Malleswara Rao. He has categorically deposed...and the respondent belonged to Scheduled Caste Community and that customary divorce has been prevailing since time immemorial in their caste and that remarriages are also accepte...
..., has argued that the petitioner and respondent both belong to Scheduled caste category and there is provision of customary divorce in their society and since admittedly, on 16.10.2000, b...had obtained divorce as per their social custom because the petitioner husband performed customary Nata marriage, therefore, since the divorced husband had neglected and refused to maintain her, she...the application filed by the wife under Section 125 Cr.P.C that respondent was the legally wedded wife of the respondent prior to the passing of customary divorce and on...
...an application to the Caste Scrutiny Committee under Rule 11 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of) Certificate Rules, 2003 (for short “the Rules”). Along...Scrutiny Committee and personal hearing was also granted. By an order dated 20-3-2004, the Caste Scrutiny Committee came to the conclusion that the appellant does not belong to “Halbi” Scheduled...-called Scheduled Tribe. The Research Officer and Member of the Caste Scrutiny Committee interviewed the petitioner on these aspects and it was found that the petitioner was not able to satisfy the...
...question.3. The appellants, Assistant Teachers in the service of the State of Bihar belonging to Lohar caste, claimed the status as Scheduled Tribe under the Act and the Order and...the relative caste structures, customs, marriages etc. it was held that Kolis are Backward Class and Mahadeo Koli are Scheduled Tribes. The appellants therein being OBCs were held not entitled to...the Act, and the Second Schedule thereunder are conclusive. Though evidence may be admissible to a limited extent of finding out whether the community which claims the status as Scheduled Caste or...
...proceeding dated 22-6-1989 refused to issue caste certificate sought for by Ms Suchita and informed her that she was not a Scheduled Tribe ‘Mahadeo Koli’. She filed an appeal before the Additional...counsel, found that the appellants are ‘Koli’ by caste which is recognised as Other Backward Class, i.e, OBC in the State and that they are not ‘Mahadeo Koli’, the Scheduled Tribe and their claim for...past to establish their affinity to the membership of a particular tribe. The Mahadeo Koli, a Scheduled Tribe declared in the Presidential Notification, 1950, itself is a tribe and is not a sub-caste...
...-caste marriage) and Writ Petition No. 14875 of 1985 (adoption of a Backward Class boy to a Scheduled Tribe) disposed of on the same day, it was held in separate judgments that they were not eligible....20. Dr Paras Diwan in his 2nd Edn. of Law of Marriage and Divorce stated at p. 75 that in inter-caste and inter-sect marriages in anuloma form, a male of superior caste marries...reconverted into Hinduism and claimed the status as a Scheduled Caste. The Constitution Bench had held that by reconversion, he could not become a Hindu but recognition by the community is a pre-condition. In...
...to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;(x...belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;(xiii) corrupts or fouls...used;(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent...
...Scheduled Caste. The voters' list of Village Adai also seems to have been filed indicating the respondent as the son of Bhagwan Singh and Deo Kumari Devi. So far as the question of submission of caste...goes that the child is Kurmi by caste. But here the respondent could make out a special case that, although, he has been born of a Kurmi father but the mother being a Pasi, he is a Scheduled Caste and...as a Scheduled Caste person belonging to the SC community. Precisely what was indicated in support of that case is that the father of Dinesh Chaudhary and Naresh Chaudhary is Bhagwan Singh who is...
...), as the case may be. Acquisition of the status of Scheduled Caste, etc. by voluntary mobility into these categories would play fraud on the Constitution, and would frustrate the benign constitutional...was married to a Kurmi woman. He, however, set up the case that Bhagwan Singh had taken a second wife Deo Kumari Devi who was a Pasi (Scheduled Caste) and he was born to Deo Kumari Devi from Bhagwan...Singh and he was, thus, fully eligible to contest from the reserved constituency. He also relied upon a circular issued by the State of Bihar according to which a child born to a non-Scheduled Caste...
...absence of well-defined criteria not based on caste label veered round to the view that in order to be socially and educationally backward classes, the group must have the same indicia as Scheduled...Castes and Scheduled Tribes. The narrow question that is being examined here is whether caste label should be sufficient to identify social and educational backwardness? Number of Commissions have...other hand, if the entire sub-caste, by and large, is backward, it may be included in the Scheduled Castes by following the appropriate procedure laid down by the Constitution...
...and the defendant on 24.7.1978 at the Sub-Registrar's Office, Pandalgudi. The parties to the divorce belong to Kammavar Naicker Community and customary divorce is recognised in their community. After...between the defendant and the deceased Govindaraj. In Kammavar Naicker community, there is no customary divorce. This defendant is not living with any other person. The first plaintiff cannot derive...deceased Govindaraj and she is the legal heir of the deceased Govindaraj.
8. So, the point to be considered is as to whether any customary divorce was prevailing in the said...
...the caste claim should be decided not only on the basis of old record but also, affinity and ethnic linkage of the community of the candidate, with that of Scheduled Tribe claimed, should also be..., the candidate and his relatives are not in a position to explain the characteristics and traits, of their caste to the committee and could not prove their affinity towards Thakur Scheduled Tribe. In...home enquiry and school enquiry Vigilance Cell obtained the information of Caste characteristics of the candidate which do not resemble with genuine Thakur, scheduled tribe. Besides that Vigilance...
...constructed and Perumal tied the sacred Thali which it is customary for a Hindu husband to tie in acknowledgment of the performance of the marriage ceremony.4. The...rites and Sanskaras. Invitations were issued at the time of the marriage and usual customary tying of Thali was observed. After the marriage she ceased to attend the Church, abandoned the Christian faith...establishes that the parents of Annapazham arranged the marriage. The marriage was performed according to Hindu rites and ceremonies in the presence of relatives who were invited to attend: customary...
..., even at promotional levels, to the Scheduled Castes and the Scheduled Tribes, which are only a species of castes. “Each according to his ability” is being substituted by “each according to his caste...the Scheduled Castes and the Scheduled Tribes.39. Article 341 makes it clear that a “scheduled Caste” need not be a “caste” in the conventional sense and, ther...for the purpose of the Constitution. So, a group or a section of a group, which need not be a caste and may even be a hotchpotch of many castes or tribes or even races, may still be a Scheduled Caste...
...the Scheduled Caste and was working as a maid at the relevant time. The respondents, in order to outrage the modesty of the complainant, entered into her house and caught hold of her. When the...) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a...;(xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually...
...Simhachalam and if so treated, the appellant could be considered to be a person of the caste of her mother and so viewed, could be considered to belong to the Bhagatha community, a Scheduled Tribe. Learned...Scheduled Caste or Scheduled Tribe and not those who claim to acquire the status by marriage, like the appellant in this case. Thus, in our view, the High Court was fully justified in coming to the...read with Section 100 of the Act and that falls for decision before us, is whether the appellant belongs to a Scheduled Tribe and hence qualified to contest the election from a constituency reserved...
...brother or the lady members of the family wearing beads or customary divorce by the caste elder or acceptance of ‘Gandharva’ form of marriage or speaking in Oriya and Telugu languages or worshiping...’ tribe. The practice of customary divorce before caste elders is also among the Tribe. He denied any manipulation in obtaining Ex.P.11 certificate and 1891 census shown to him showed ‘Konda Dora’ in Group...Scheduled Tribe and were issued caste certificates by the concerned authorities as such and after the Andhra Pradesh (Scheduled Tribes, Scheduled Castes & Backward Classes) Regul...
...younger brother or the lady members of the family wearing beads or customary divorce by the caste elder or acceptance of ‘Gandharva’ form of marriage or speaking in Oriya and Telugu languages or...’ tribe. The practice of customary divorce before caste elders is also among the Tribe. He denied any manipulation in obtaining Ex.P.11 certificate and 1891 census shown to him showed ‘Konda Dora’ in...members of Scheduled Tribe and were issued caste certificates by the concerned authorities as such and after the Andhra Pradesh (Scheduled Tribes, Scheduled Castes & Backward Cla...
...Singh, of village Beer Kalan, Distt. Sangrur, deposed that he was Sarpanch of the village and is a Jat Sikh by caste. He deposed that there is custom of customary divorce between the parties with the...of village Isra, Distt. Sangrur appeared as RW5 and deposed that he was a Jat Sikh and his sub caste was Billing. He deposed that there is a custom about customary divorce in their brotherhood, Gotra...Wala, District Sangrur deposed that he is Billing by caste and there was no custom of customary divorce in their caste in Sangrur District and the divorce takes place in courts. During cr...
...(1976) 3 SCC 411.)32. A Christian by birth when converted to Hinduism and married a member of the Scheduled Caste was held to be belonging...victim belonged to the Mala Aryan community, which is considered to be a Scheduled Tribe in the State of Kerala and lodged another first information report, charging the respondent under Section 3(1...)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”). On the basis of the said first information reports, the Chief Judicial...