AIR 2006 SUPREME COURT 1177 ::2006 AIR SCW 888 ::2006 LAB. I. C. 1668 ::2006 (2) AIR Bom R 787 ::2006 (2) AIR Jhar R 261 ::2006 (2) AIR Kant HCR 406 ::2006 (3) SCC 257 ::(2006) 2 Scale 327 ::(2006) 4 AllMR 27 (SC) ::(2006) 5 All WC 4885 ::(2006) 2 Cal LJ 80 ::(2006) 2 Bom CR 538 ::(2006) 1 CTC 558 (SC) ::(2006) 1 ESC 93 ::MANU/SC/978/2006 ::(2006) 1 Lab LN 836 ::(2006) 3 Mah LJ 867 ::(2006) 2 Mad LJ 1 ::(2006) 1 Ker LT 805 ::(2006) 2 JCR 218 (SC) ::(2006) 2 JLJR 186 ::(2006) 1 Ker LJ 681 ::(2006) 3 Jab LJ 42 ::2006 (1) KCCR SN 60 (SC) ::(2006) 2 Pat LJR 138 ::(2006) 2 SCJ 472 ::(2006) 2 ServLR 487 ::(2006) 2 Supreme 59 ::(2006) 40 AllIndCas 399 (SC) ::(2006) 2 MPHT 1

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): H. K. Sema, Ar. Lakshmanan , JJ

(A) Constitution of India , Art.342, Art.16, Art.13— Scheduled Tribe - Acquisition of status - Circulars issued by Govt. - Not Law - Cannot be of any assistance in face of constitutional provision. (Para 5) (B) Constitution of India , Art.342, Art.16— Scheduled Tribe - Tribal woman marrying non-tribal - Offshoot of such wedlock - Cannot claim status of S.T. - Couple performing ourt marriage - Son born and brought up in forward community - Casual visit in holidays to village - Cannot constitute acceptance by community - Son cannot claim status of Schedule Tribe. The condition precedent for granting tribe certificate is that one must suffer disabilities wherefrom one belongs. The offshoots of the wedlock of a tribal woman married to a non-tribal husband - Forward Class, cannot claim Scheduled Tribe status. The reason being such offshoot was brought up in the atmosphere of Forward Class and he is not subjected to any disability.(Para 14) The marriage of the appellant's mother a tribal woman to a Forward Class (kayastha) husband was a Court marriage performed outside the village. Ordinarily, the Court marriage is performed when either of the parents of bride or bridegroom or the community of the village objects to such mar....