Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of prosecutrix - Testimony of parents of prosecutrix that she was 17 years of age at the time of incident - Testimonies secured corroboration from birth certificate produced by competent authority and school leaving certificate - Held, it stands established beyond any vestige of doubt that prosecutrix..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Determination of juvenility - Principal Magistrate held inquiry and found school leaving certificate as fake and forged - Magistrate relied on ossification test report and held accused was not juvenile - Held, order of Magistrate regarding juvenility, having attained finality, issue cannot be..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(r) -- Education - School Leaving Transfer Certificate - Non issuance of - Deficiency is service - Unfair trade practice - Compensation - Appellant wronged by the respondents who were not only deficiency in service by not issuing the School Leaving Transfer certificate but also indulged into unfair trade practice by..........
Indian Penal Code, 1860, Section 376, 363, 366 -- Kidnapping and rape - Age of prosecutrix - School Leaving Certificate and register of birth and death of Gram Panchayat - Failure to prove that register of birth and death of Gram Panchayat was maintained in discharge of official duty - No presumption could be attached to entries made therein - Entry in school record on..........
Juvenile Justice (Care and Protection of Children) Act, 2000 -- Juvenile - Plea taken for the first time in Supreme Court - Held, that this plea cannot be taken at this stage as question of age of appellants is a question of fact on which evidence, cross examination is required - If plea of Juvenility is not raised before trial Court or High Court and is raised for the..........
Consumer Protection Act, 1986, Section 1(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Suppression of material fact - Date of birth - The assured had taken her date of birth as 15 years on the date of filing of the proposal form placing reliance on the facts stated in the ration card - It was for the appellants to have asked the assured to..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - As per entry in Birth and Death Register prosecutrix was more than 18 years - In such a case reliance cannot be placed on statement of parents of prosecutrix or school leaving certificate or medical evidence...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age - School Leaving Certificate and School Register produced to prove age as 14 years at time of commission of offence - Head Master of School also deposed and produced record - High Court holding that normally guardians understate age of their children at time of admission in school - No question put to..........
Registration of Births and Deaths Act, 1969, Section 16 -- Date of birth - Conflict between date of birth recorded in birth Register and School Leaving Certificate - Primacy has to be accorded to the date of birth reflected in the birth certificate issued by the Registrar of Births and Deaths...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Education - School leaving certificate - Issuance of - It is a matter of right for a student to obtain such a certificate free of charge - Any kind of imperfection, shortcoming or delay or inadequacy In such a service amounts to deficiency In service - The consideration for issuing of said certificate Is inherent in the..........
