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Showing posts with label SC and ST Atrocities Act. Show all posts
Showing posts with label SC and ST Atrocities Act. Show all posts
Sunday, 10 August 2025

Bombay HC: Prosecution under SC & ST (Atrocities) Act is liable to be quashed if caste of the complainant or the accused is not mentioned in the complaint

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The learned Counsel for the applicant had relied on a decision of this Court reported in MANU/MH/0877/2005 : 2005(4)MhLj588 , Manohar Kulkar...

Bombay HC: When abuses in the name of caste is given inside the house, offence under SC & ST (Atrocities) Act is not attracted

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 We would like to deal with the allegations against accused Almas and Pappu @ Irfan Shaikh. Accused Almas is the wife of accused Rijwan and ...

Bombay HC: Under which circumstances, Abuses given on telephone does not amount to offence under SC & ST Atrocities Act?

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The informant, her husband and mother were sitting in the court-yard of her house. Then she says that the appellant gave a phone call on her...

Supreme Court: Under which circumstances, chamber of public servant is not public place as per SC & ST (Atrocities) Act?

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Taking the allegations in the FIR at their face value, it would reveal that what is alleged is that when the complainant was in his office t...

Bombay HC: When incident occurred inside the house, Atrocities Act is not attracted, accused is entitled to be released on Anticipatory bail

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 Taking into consideration the well settled position of law if the facts in the present case are taken into consideration, admittedly there ...
Sunday, 29 December 2024

Supreme Court: Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases

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 In the instant case, it appears to be that the concerned respondents – accused had not impleaded the present appellant as the party – respo...
Friday, 4 October 2024

Bombay HC: The Magistrate and Sessions courts must apply their mind before taking cognizance of offence against an accused

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  The orders  are not required to be passed without application of mind and mechanically  even by a Sessions Judge. Thereafter, in the pres...

Bombay HC: The Magistrate and Sessions court must see before issuing process against accused whether investigating officer has obtained sanction as per S. 195, 196, 197, 198 of CRPC if it is required

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 We are disturbed to note that Judges from the District Judiciary  are not paying attention to the requirements under Sections 195, 196, 197...

Bombay High court directs that special courts must mention their exact designation while passing orders under The Special Acts

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Time and again, this Court is bringing it to the notice of  Judges in the District Judiciary that they should write proper designation  wher...
Tuesday, 2 July 2024

Important Supreme court & Bombay HC Judgments on SC & ST (Atrocities Act)

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  1) Supreme Court: Cognizance of offence Against Public Servant under S 4 of SC & ST (Atrocities Act) For Offence Of Neglect Of Duty Ca...
Sunday, 16 June 2024

Supreme Court: Cognizance of offence Against Public Servant under S 4 of SC & ST (Atrocities Act) For Offence Of Neglect Of Duty Cannot Be Taken Without Administrative Enquiry Report

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 The argument of the learned Counsel for the complainant is that the word "charges" occurring in proviso to  Section 4(2) of the S...
Saturday, 25 May 2024

Bombay HC guidelines regarding video recording of all proceeding under SC & ST (Atrocities Act) including bail application

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 In view of this discussion, the questions referred to us are answered as follows : (1) The 'proceedings' under Section 15-A(10) of ...
Friday, 9 February 2024

Important Supreme Court and Bombay HC Judgments on bail(Part 2)

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1)   Supreme court: No automatic arrest in offence U/S 498A of IPC Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014 https://www.laww...
Tuesday, 6 February 2024

Bombay high court judgment on grant of Anticipatory bail to accused in offence under SC & ST(Atrocities Act)

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  Concerning the  applicability of provisions of Section 438 of Cr.P.C., it shall not apply to the cases under the Act of 1989. However, if ...
Saturday, 23 December 2023

Bombay HC: Person belonging to Scheduled Caste and Scheduled Tribes are entitled to protection in any other part of country, where offence is committed even if he is not recognized in that part

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  The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is a social reformatory legislation enacted for the pur...
Friday, 6 October 2023

Whether accused should claim bail under POCSO Act or The SC & ST Atrocities Act if there is only passing allegations under POCSO Act in police papers?

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  In the case at hand, the allegations against the applicant qua the children are that in the procession there were girls as well and the ap...
Sunday, 30 July 2023

Whether the court must issue notice to Victim even if accused has not made out ground for releasing him on bail in SC & ST Atrocities Act?

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  At the cost of repetition, we say that the present order does not speak that the notice was issued to the informant and he was heard in vi...
Sunday, 29 January 2023

Whether Bail Order Passed in an offence under SC & ST Atrocities Act Without Notice To Victim A Nullity, Liable To Be Recalled?

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 It is to be noted that in this regard that, as per Section 15A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) A...
Saturday, 28 January 2023

Whether an offence Under SC & ST Atrocities Act is made out if abuses are given on Telephone?

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 Further, she states that when her husband had given a phone call to landlord Mr. Murlidhar Tantak to apprise him of the behaviour of the te...
Sunday, 13 November 2022

What are Powers and Duties of Special Judge under SC& ST Act 1989?

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Important provisions providing Powers and duties of Special Judge under SC& ST Act 1989 are as follows:  S. 14. Special Court and Exclus...