Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 2(1)(d) -- Age of victim - Age mentioned in Aadhar Card - Aadhar Card is a document issued by Government of India for a holder of a person, prepared by public official in discharge of public duties and probative value of such Aadhar Card..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile in conflict with law - Determination of age - Entries recorded in school register shows entries in numeric form and entry relating to juvenile bears serial No.561, which is at bottom of the page and on the next page first entry recorded in alpha numeric i.e 561-A and all subsequent entries..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile in conflict with law - Determination of age - Wherever there is any ambiguity as regard to date of birth, benefits of benevolent legislation cannot be availed...........
Hindu Marriage Act, 1955, Section 13(2)(iv) -- Marriage performed when wife was just 13 years of age - Marriage repudiated when wife was more than 15 years but less than 18 years - Provision of S.13(2)(iv) of the Act, squarely applies to her case - No evidence led by husband except denying date of birth of wife and muklawa ceremony which cannot be given credence over and..........
Evidence Act, 1872, Section 35 -- Birth register extract - Relevancy - Birth register extract maintained by statutory authorities is a public document - Said register is relevant which indicates that plaintiff is son of brother of defendant No.1 and his second wife...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of proceedings - Kidnapping - Whether date of birth of prosecutrix mentioned in high school certificate is correct or not, will be decided on basis of evidence adduced during trial - At this stage it cannot be said that offence of kidnapping is not made out - However, since..........
Hindu Marriage Act, 1955, Section 5(iv), 11 -- Void marriage - Degrees of prohibited relationship - Petition by husband - Validity of marriage questioned by husband after leading marital life for more than 25 years, that too after giving birth to three children - Moreover, custom prevailing in community of parties permits such a marriage and both husband and wife consented..........
Christian Marriage Act, 1872, Section 6 -- Divorce - Wife is a Christian by birth and Husband is a Hindu - Marriage between parties solemnized by following ceremonies practiced by Hindus - Since marriage was not solemnized as per provisions of Act, provisions of Act cannot be invoked by husband to seek dissolution of his marriage...........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age of prosecutrix - Rape case - Neither matriculation certificate, nor date of birth certificate from school first attended and birth certificate by Corporation or a Municipal authority or a Panchayat was on record - Prosecutrix was examined by Medical Board which has..........
