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1 - 10 of 12 (0.22 seconds)The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976
Bhaiya Ram Munda vs Anirudh Patar & Ors on 14 August, 1970
5. Decisions of the Division Benches of this Court in Bhaiya Ram
Munda vs. Anirudh Patar & others, 1971(1) SCER 804 and Dina vs.
Narayan Singh, 38 ELR 212, did not lay down law correctly in stating
that the enquiry was permissible and the evidence was admissible
within the limitations indicated for the purpose of showing what an
entry in the Presidential Order was intended to be. As stated in
position (1) above no enquiry at all is permissible and no evidence
can be let in, in the matter."
Anand vs Committee For S.&V. Of Tribe Claims &Ors on 8 November, 2011
It was also noticed that though the Hon'ble Apex Court in
the case of Anand .vs. Committee for Scrutiny and Vertification of
Tribe Claims and Others reported in (2011) Mh.L.J. 919 has
held that the entries in the preconstitutional documents have more
probative value and if a candidate has such documents of his fore -
fathers, then the claim of such candidate cannot be rejected.
Even in such cases, as a matter of routine, the claims were
rejected.
State Of Maharashtra vs Milind & Ors on 28 November, 2000
It is needless to say
that the same stood impliedly overruled as the law declared by the
Constitution Bench in Milind's case was contrary to what was stated
in second Dina's case."
Anandkumar N. Patil, Meher Pesi ... vs Maharashtra University Of Health ... on 25 February, 2003
11. Shri Malke submitted that in the decision of the Apex
Court in the case of Jaywant Dilip Pawar v. State of Maharashtra &
Ors., delivered in Civil Appeal No.2336 of 2011 on 8-3-2017 , the
decision of the Scrutiny Committee that the relatives of the appellants
in the said case were not residents of the area mentioned in the
Presidential Order, 1956, is set aside and it is held that what the
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appellants were required to establish was that they belong to the
community mentioned in the Schedule of the Act No.108 of 1976. It
is thus clear that the Petitioner in the present case, was not required
to establish that either her forefathers were the ordinary residents of
the place meant for the tribals in the Constitution (Scheduled Tribes)
Order prevailing prior to 1976 or her forefathers migrated from the
said area to the present place of residence.
Pradip Bhimrao Nichale And Another vs Scheduled Tribe Caste Certificate ... on 28 August, 2018
We find that there is no such conflict as sought to be
projected by the learned Commissioner. The ratio laid down in the
case of Apoorva d/o. Vinay Nichale (supra) will have to be
considered as laying down a proposition that when a particular
member in a family has been granted Validity Certificate after
going through the rigour of scrutiny including enquiry by
Vigilance Cell, then the brother, sister, father and mother of such a
candidate should not be required to go through the rigour of such
scrutiny again.
Article 341 in Constitution of India [Constitution]
State Of Maharashtra & Ors vs Mana Adim Jamat Mandal on 8 March, 2006
18. The above view has been confirmed by the Apex Court in
the case of State of Maharashtra & Ors. v. Mana Adim Jamat Mandal,
reported in (2006) 4 SCC 98 , and it is specifically held that 'Mana' is
a separate Scheduled Tribe by itself included in Entry No.18 of the
Constitution (Scheduled Tribes) Order and it is not a sub-tribe of
'Gond'.
Mana Adim Jamat Mandal vs State Of Maharashtra And Ors. on 11 June, 2003
19. The two decisions in Mana Adim Jamat's case support the
view which we have taken. In view of the aforesaid law laid down by
this Court and the Apex Court, the Committee was clearly in error in
holding that 'Mana' community was included in the list of Other
Backward Classes and later on in the list of Special Backward Classes,
and though the Petitioner has established that she belongs to "Mana"
community, it is not established that she belongs to "Mana Scheduled
Tribe".