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S.C.& S.T. Action Committee vs State Of Kerala on 3 January, 2008 cites

Akhila Kerala (Hindu) Chemman Samajam ... vs Union Of India (Uoi) And Anr. on 8 September, 1994

(9). It may not be open to this Court to tinker with the Presidential order and even the circumstances which were available in the case of B. Basavalingappa Vs. D. Munichinnappa (AIR 1965 SC 1269) State of Kerala V. Balakrishnan (1992 (1) KLT 396) and Akhila Kerala (Hindu) Chemman Samajam V. Union of India (1994 (2) KLT 732) are not present in this case.
Kerala High Court Cites 4 - Cited by 1 - Full Document

State Of Kerala vs P.B.Balakrishnan Nair on 1 February, 2006

The cases reported in State of Kerala V. Balakrishnan (1992 (1) KLT 396) and Akhila Kerala (Hindu) Chemman Samajam V. Union of India (1994(2) KLT 732) followed the principle of the decision in B.Basavalingappa Vs. D. Munichinnappa (AIR 1965 SC 1269). The dictum in the said cases must be confined to the special facts of that case. In a situation where a particular caste mentioned in a Presidential order was found to be non-existent, the Court has found that it is a case of spelling mistake and the Court found that the appropriate caste which is present in the State will be O.P.No.3750/97 -8- entitled to the benefit of Scheduled Caste as intended under the Presidential Order.
Kerala High Court Cites 3 - Cited by 3 - Full Document

S. Nagarajan vs The District Collector,Salem & Ors on 13 January, 1997

In S.Nagarajan Vs. District Collector, Salem (1997) 2 SCC 571) the Apex Court held that it is the Presidential Notification issued under Art.341 which is to decide who is deemed to be a member of a scheduled caste for the purpose of the Constitution. If the Presidential notification omit any specific class or tribe or a part thereof, then it would be for the Parliament to make necessary amendments. Therefore to determine whether a particular caste is scheduled caste coming within the meaning of Art.341, one has to look at the terms of the Presidential order. Law is well settled that once the Parliament by law includes in or excludes from any race, caste, tribe, parts of or groups within any caste, race or tribe, the President thereafter shall have no power to vary it by any subsequent notification. The Court has also no power to include in or exclude from or substitute or declare O.P.No.3750/97 -7- synonyms to be of a scheduled caste or scheduled tribe or group of such caste or tribe".
Supreme Court of India Cites 3 - Cited by 24 - Full Document
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