Evidence Act, 1872, Section 32(5) -- Date of birth - Proof - If a person wants to rely on a particular date of birth and wants to press a document in service, he has to prove its authenticity in terms of S.32(5) of Evidence Act by examining the person having special means of knowledge, authenticity of date, time etc. mentioned therein...........
Evidence Act, 1872, Section 35 -- Age - Proof - The best evidence to prove age is of parents if the same is supported by un-impeachable documents - In case the date of birth depicted in the school register/certificate stands belied by the un-impeccable evidence of reliable persons and contemporaneous documents like the date of birth register of the Municipal Corporation,..........
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..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Prosecutrix illiterate, belonging to rustic and labour class family and had not gone to any school - Prosecutrix not radiologically examined for determination of age - Date of birth not recorded in the municipal record - In ration card, she was shown as 15 years of age - Mother of the prosecutrix gave her..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Wife lived with husband in USA for 7-1/2 years - Husband obtained decree of divorce from superior court of New Jersey - Wife filed complaint in the court at Delhi under Domestic Violence Act - Besides husband, father-in-law, mother-in-law and brother-in-law also arrayed as respondents - Both the courts..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), Evidence Act, 1872, Section 35 -- Murder - Accused claiming himself to be juvenile - Father of accused in support of this claim produced birth certificate of accused which was found to be forged - Held, though it was proved that accused was juvenile, his father liable to be prosecuted for producing..........
Dowry Prohibition Act, 1961, Section 2, 4, Indian Penal Code, 1860, Section 304B -- Dowry - Should be of any property or valuable given or agreed to be given in connection with the marriage - The customary payment in connection with birth of a child or other ceremonies are not covered within the ambit of word `dowry' - Furnishing of a list of ornaments and other household..........
Consumer Protection Act, 1986, Section 12 -- Date of birth - Correction in matriculation certificate - Maintainability of complaint - Before going into the issue of correctness of date of birth recorded in matriculation certification, District Forum has to decide whether so called failure to make correction amounted to deficiency of service - Matter remitted back to..........
Service -- Date of birth - Correction - An employee can seek correction of age within two years from the date of entry into service - However, the competent authority can make correction at any time if it is found that the age recorded in the service book is incorrect and has been so recorded with view to enable the concerned employee to continue in service beyond the age..........
Service -- Date of birth - Correction - Not permissible after long period of joining service...........
