Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of charge-sheet - Allegations were made against winning candidate that date of birth mentioned in the nomination papers was wrong and thus, he cheated other candidates, who contested election as well as university's authorities - Contention of applicant that actual date of birth of..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping - Rape - Age of victim - Determination - Birth certificate of prosecutrix issued by any authority has neither been produced nor proved on record - Held, in absence of it, court has to decide age of prosecutrix only on basis of testimony of doctor who examined prosecutrix and prepared MLC report...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of - Birth certificate furnished by appellant could not be verified as originals had been destroyed - School certificate could also not be verified - Applicant produced before medical board - Medical board examined him physically, dentally and radiologically - Opined his..........
Medical Termination of Pregnancy Act, 1971, Section 3, 8, Medical Termination of Pregnancy Rules, 2003, Tort, Civil Procedure Code, 1908, Order 7, Rule 11 -- Termination of pregnancy by wife - Consent, express or implied, of husband not required - It is a personal right of a woman to give birth to a child - It is not the right of a husband to compel her wife to give birth..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 49 -- Juvenile - Age - Determination - Offence committed on 06.12.2010 - School record mentioned date of birth of accused as 05.02.1994 - Ossification test report showed age above 18 years but below 20 years - Held, where assessment of age was not possible Court or Board for reasons to be recorded,..........
Indian Penal Code, 1860, Section 376 -- Rape - Age - Medical report and deposition of Radiologist cannot predict the exact date of birth - Rather it gives an idea with a long margin of 1 to 2 years on either side...........
Motor Vehicles Act, 1988, Section 140,166,168 -- Accident - Death of unborn child due to injuries sustained in the road accident - An unborn child aged five months onwards in mother's womb till its birth is treated as equal to a child in existence - Claimants are entitled to compensation for death of dead female child and an amount of Rs.1,50,000/- awarded as compensation..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
M P Financial Code, Rule 84 -- Date of birth - Correction of date of birth - Rule 84 of the Code provides that the date of birth recorded in the service book at the time of entry into service is conclusive and binding on the Government servant - Exception carved out in the rule, permitting the public servant to request later for correcting his age provided that incorrect..........
Service -- Correction of date of birth - If sought at the fag end of career - Court or Tribunal has to be circumspect, cautious and careful while issuing direction for correction of date of birth, recoded in the service book at the time of entry into any government service - Unless, the Court or the Tribunal is fully satisfied on the basis of the irrefutable proof relating..........
