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State Bank Of India vs The National Commission For Scheduled ... on 19 September, 2016

15. The respondent no.3, Ministry of Law has also filed its affidavit wherein while referring Article 338 (5) and Article 338 (8) of the Constitution of India and the judgments of the Supreme Court in All India W.P.(C) 6579/2014 Page 18 of 32 Indian Overseas Bank SC and ST Employees' Welfare Association and Ors (supra); Union of India & Anr. v. National Commission for Scheduled Castes and Anr. (Supra); Indian Institute of Technology v. National Commission for Scheduled Castes and Scheduled Tribes and Anr. 2004 (3) DLT 155; Karnataka Antibiotic and Anr. (Supra) has stated that the powers of the Commission are only recommendatory in nature and cannot be equated with decrees, orders, judgments passed by the Courts. Moreover, the powers of the Commission are limited to those provided under Article 338 and power to pass judgments, orders and decree etc. have not been dealt under Article 338 of the Constitution of India. Therefore, under Article 338, the Commission has not been empowered to pass recommendation in the nature of judgments.
Delhi High Court Cites 32 - Cited by 1 - V K Rao - Full Document

Mumbai Ports Authority vs National Commission For Scheduled ... on 19 August, 2025

5. The learned counsel for the petitioner has also placed reliance on the decision in "Indian Institute of Technology, Delhi v. National Commission for Scheduled Castes & Scheduled Tribes and Anr." 2004 (74) DRJ 109. In this judgment, so the High Court made a similar 2/5 ::: Uploaded on - 03/09/2025 ::: Downloaded on - 05/09/2025 22:01:20 ::: Rameshwar Dilwale 905-WPL-1449-25.doc observation and held that the powers set out under Article 338 (5) of the Constitution of India are intended to safeguard the rights of the Scheduled Castes and Scheduled Tribes and to inquire into specific complaints with respect to the deprivation of rights of the Scheduled Castes and Scheduled Tribes but such jurisdiction cannot be exercised as if the NCSC has been conferred powers of the Civil Court. The Hon'ble Delhi High Court held as under:
Bombay High Court Cites 5 - Cited by 0 - Full Document
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