The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 2023 – A Balancing Act?
by Samir Malik*, Mahip Singh** and Maitri Singh***
Scheduled Tribe
Bar Councils cannot charge more than amount specified under S. 24 of Advocates Act as enrolment fees: Supreme Court
Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.
Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order
The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.
‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders
“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”
Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
Socialization of offspring of inter-caste couples not necessarily more attached to father: Kerala High Court directs KIRTADS to reconsider the matter
Kerala High Court pointed out that KIRTADS proceeded on general statements that generally in case of inter-caste marriage, the socialization process of the offspring of such couples is more attached to the high ranked father.
Explained: Manipur High Court’s Judgment that triggered violence in Manipur over inclusion of Meitei Community in Scheduled Tribe list
The Court directed the Manipur Government to consider the inclusion of the Meitei community in the Scheduled Tribe list within a period four weeks.
Reservation Policies in India
Reservation as a concept is very wide. Different people understand reservation to mean different things. One view of reservation as a generic
Community Certificate cannot be declared fake without hearing the certificate holder: Supreme Court
In the case at hand, as the right to be heard was denied to the community certificate holder, the burden of proof to disprove the nature of the certificate, had not been discharged. Hence, the Supreme Court presumed the community certificate to be genuine.
Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection
Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.
[Enrolment fees] Supreme Court issues notices to Union Government, Bar Council of India and State Bar Councils
Supreme Court will be examining the validity of exorbitant enrolment fees charged by State Bar Councils
Kerala High Court declares election of A. Raja, void
The Court found the records of family register conspicuous showing an attempt to fabricate evidence of professing Christianity by A. Raja, who was elected to a seat of Kerala Legislative Assembly reserved for members of Scheduled Caste in Kerala.
Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter
Madras High Court quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders
Caste-based discrimination in IIT-K| Continuation of proceedings can be a barrier in bringing back cordiality between faculty: Supreme Court disposes of criminal appeal
In a case related to caste-based discrimination against an associate professor of IIT-K by fellow faculty members, the Supreme Court played a conciliatory role and handled a very sensitive matter with equal sensitivity.
Madras High Court finds no irrelevant or extraneous materials in State’s decision of pre-mature release of 13 life convicts; upholds order
In petitions challenging the premature release of 13 life convicts by the State Government, the Madras High Court held that there is no reason to infer that the State has failed to consider relevant materials or passed the order of premature release for extraneous considerations.
[Section 438 CrPC] Bombay High Court | Abuses given on phone cannot be said to be within public view to attract the ingredients of offence punishable under Atrocities Act
When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act
Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023
The year 2022 has seen formation of multiple Constitution Benches and its hearings, wherein out of pending 498 Constitution Bench matters, 25
Supreme Court finds High Court and Tribunal finding erroneous for applying standard meant for ad hoc promotions to the case of regular promotions
Supreme Court: In three appeals against an order directing separate zone of consideration for promotion of Scheduled Caste (SC)/Scheduled Tribe
Allahabad High Court | Section 3 (2) (v) of SC and ST Act, 1989 only attracts by way of documentary evidence to prove that the injured belongs to SC or ST; Conviction and sentence, modified
Allahabad High Court: The Division Bench of Kaushal Jayendra Thaker and Ajai Tyagi, JJ. while deciding an appeal which was
No more uncertainty over fixation of percentage of reservation for OBC and SC/ST candidates; SC interprets Section 3 Second Proviso of CEI Act, 2006
Supreme Court: The bench of L. Nageswara Rao and Hima Kohli, JJ has held that the formulae for fixing the percentage of