Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Two matriculation certificates - Date of birth of respondent in his first matriculation certificate is based on declaration of his parents and in second matriculation certificate on basis of his own declaration after his failure in 10th class - It is first..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Conviction of father u/ss 420, 467, 468 IPC on the ground that he obtained appointment on the basis of fraudulent domicile certificate, cannot be borrowed to make it as basis to reject application for custody of child - Such type of offence may be a social offence, but it will not govern the personal..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Determination of juvenility - Murder case - Death sentence awarded to accused - Certificate of Class X issued by Ucchatar Madhyamik Shiksha Mandal, Delhi - However, accused failed to produce any notification which recognized such certificate as equivalent degree of matriculation issued by CBSE or..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 364A, 302 -- Electronic record - Marking without there being a certificate u/s 65-B of the Act - Objection relates to the mode or method of proof - Objection as to the mode or method of proof is procedural - Objection if not taken at the trial, cannot be permitted to be taken at appellate stage...........
Service -- Reinstatement with back wages - Forging caste certificate for procuring employment - Caste certificate cancelled by State Level Scrutiny Committee which attained finality as it was not set aside by any Court - Order of reinstatement with back wages as held by Tribunal and affirmed by High Court set aside...........
, Section 11(f) -- Minority educational institution - Declaration of minority status - Validity - It is within the jurisdiction and mandate of National Commission for Minority educational institution to issue certificate regarding minority status - Once Commission issues certificate, it is declaration of an existing status - Order of High Court that declaration of minority..........
Evidence Act, 1872, Section 65B -- Tape recorded conversation - Original cassette by which ransom call was tape recorded - It is primary evidence - Certificate u/s 65-B of Evidence Act not required - However, for admission of secondary evidence of electronic record a certificate as contemplated by S.65-B of Evidence Act is mandatory...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2)..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
