Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Birth certificate of victim obtained from School is on record - Ossification test even if ordered by Court not liable to be taken into account as also statement of victim u/ss 161, 164 Cr.P.C, because same is not required to be looked into in view of S.94 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Birth certificate of victim obtained from School is on record - Ossification test even if ordered by Court not liable to be taken into account as also statement of victim u/ss 161, 164 Cr.P.C, because same is not required to be looked into in view of S.94 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Issue involved is whether victim is minor - Statement u/ss 161, 164 Cr.P.C is of no consequence because no person can depose on that basis of personal knowledge about his or her own age or date of birth...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Age - Radiologist stated that victim was more than fifteen years and less than sixteen years - School admission register mentioned 18.05.2005 as date of birth and FIR logged on 05.10.2017 - Prosecution established victim was minor at time of commission of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - Documents produced i.e. a transfer certificate and extracts of admission register of school are not what S.94(2)(i) of JJ Act mandates nor are they in accord with S.94(2)(ii), as there were no records..........
Service -- Caste claim - Validity - Appellant claimed that she belongs to `Mana' Scheduled Tribe - Birth record of great grandfathers of appellant show the caste as `Mana' - Such pre-constitutional document of period as early as 1924 cannot be discarded - Though the Affinity test may be used to corroborate documentary evidence, it should not be sole criteria to reject the..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Word `vested' means property already vested in a person in the family of his birth before his adoption but not unspecified coparcenary interest...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Adoptee on adoption ceases to be coparcener of his/her birth and forgoes interest in ancestral property in the family of his birth - Only if a partition has taken place before adoption and property is allotted to his share or self acquired, obtained by Will, inherited..........
