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1 - 7 of 7 (0.61 seconds)K. Adikanda Patra And Ors. vs Gandua And Ors. on 25 September, 1982
In the case State of Maharashtra v. Millind and Ors. (supra), a Constitution Bench of the Apex Court after making a thorough examination of the provisions of the Constitution, existing laws, earlier judicial pronouncements overruled the ratio laid down by this Court in the case of K. Adikanda Patra v. Gandua, and by the Apex Court in Bhaiya Ram Munda v. Anirudha Patar, and Basavallingappa v. D. Munichinnappa, and held that the Scheduled Tribes Order must be read as it is and it is not at all permissible to hold any enquiry to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name even though it is not specifically mentioned in the concerned Entry in the Presidential Order. In that judgment, the Apex Court laid down some principles on the subject, which are noted below :
Bhaiya Ram Munda vs Anirudh Patar & Ors on 14 August, 1970
In the case State of Maharashtra v. Millind and Ors. (supra), a Constitution Bench of the Apex Court after making a thorough examination of the provisions of the Constitution, existing laws, earlier judicial pronouncements overruled the ratio laid down by this Court in the case of K. Adikanda Patra v. Gandua, and by the Apex Court in Bhaiya Ram Munda v. Anirudha Patar, and Basavallingappa v. D. Munichinnappa, and held that the Scheduled Tribes Order must be read as it is and it is not at all permissible to hold any enquiry to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name even though it is not specifically mentioned in the concerned Entry in the Presidential Order. In that judgment, the Apex Court laid down some principles on the subject, which are noted below :
B. Basavalingappa vs D. Munichinnappa on 23 September, 1964
In the case State of Maharashtra v. Millind and Ors. (supra), a Constitution Bench of the Apex Court after making a thorough examination of the provisions of the Constitution, existing laws, earlier judicial pronouncements overruled the ratio laid down by this Court in the case of K. Adikanda Patra v. Gandua, and by the Apex Court in Bhaiya Ram Munda v. Anirudha Patar, and Basavallingappa v. D. Munichinnappa, and held that the Scheduled Tribes Order must be read as it is and it is not at all permissible to hold any enquiry to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name even though it is not specifically mentioned in the concerned Entry in the Presidential Order. In that judgment, the Apex Court laid down some principles on the subject, which are noted below :
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Sanatan Mangal vs State Of Orissa And Ors. on 19 September, 1991
In view of the ratio laiddown by the Apex Court in Millind Case (supra), the ratio of Sanatan Mangal (supra) is no more a good law and is of no help. Whether "Niari" is a Sub-caste of "Dewar" or not is not a matter to be decided by any revenue authority or any Court.
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