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Srinivas (Director)     12 September 2011

Proof of age - multiple documents contradiction

Dear Guru's,

Which document has higher standing when name and date of birth are shown differently.

The documents in questions are

1) Birth certificate issued by Municipality (no name)

2) School leaving certificate.


What act or law describes the order in which documents must be seen to determine age if the peron is Major?

 

best regards,

 

Srinivas



Learning

 9 Replies

Arvind Singh Chauhan (advocate)     13 September 2011

Higher courts have oipned that school crtificate is of more value.

Srinivas (Director)     13 September 2011

Dear Arvind,

 

Thanks for the input.

Could you provide me Supreme Court case law showing priority of school leaving certificate.

 

thanks,

Brian Gerard Dsouza (n.a)     13 September 2011

i am 26 years old and have not yet completed my   sslc exam in karnataka state. Inow want to take up the examsby applying as a private candidate.Iwill make an affidivit stating that  iam only 18 yearsold as that is the minimum age .Is it legal?

Arvind Singh Chauhan (advocate)     13 September 2011

Dear Sir this time unable to attach more but one of relvant is-

Please go through the para 7 of the attachment.


Attached File : 35888 209146 28 age detrmination.pdf downloaded: 268 times

Srinivas (Director)     13 September 2011

Dear Arvind,

Below I am cutting and pasting Para 7 of the Judgment.Entry in school register is seen as having "Evidentiary Value". The judgment does not show school leaving certificate is conclusive (the contrary is indicated). The judgment also does not compare and contrast the verasity of proof with other documents such as birth certificate issued by municipality.

 

In State of Chhattisgarh v. Lekhram [2006(5) SCC 736] it was held
that the register maintained in a school is admissible evidence to prove the
date of birth of the person concerned in terms of Section 35 of the Indian
Evidence Act, 1872 (in short ‘Evidence Act’). It may be true that in the
entry of the school register is not conclusive but it has evidentiary value.

 

please let me know if you feel this was covered in other judgments

 

thanks


(Guest)

The medical certificate (age certificate issued by doctor ) is also a relevant document to prove the same. 

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     23 September 2011

Scientific techniques proves age of rocks, fossils, time of death in murder cases etc very precisely.

 

There could be medico-legal ways to determine age. It will nice if a question is raised at the national level. It is a good point for LCI to take it up with media.

 

Backside of one's hands, wrinkles on forehead etc indicate average age. But they cannot be taken into account in such cases that needs precision.

Anand k (Professor)     19 October 2011

In the passport office= on 3rd Oct 2011
After paying Rs.1000/ as fee for a fresh passport.
I submitted all the documents for verification. “B-2” counter lady checked and my application was rejected for want of school leaving certificate.
When I told her that I carried only MA degree and TC-given by Annamalai University.  She , said it is not valid and she needs only my school leaving certificate. Usually in all the Govt office they check , (Age and address proof )= 1. Driving licence 2. Voters ID card 3. Bank pass book and TC of higher degree obtained. The total TCS system is upside-down.
It will be good if the system is changed. In fact they should verify all the documents and then allow us to pay.
Comment =

 

Puran Chand (notapplied)     20 December 2014

I was selected as a cleaner in govt organisation in 2012.  In 2012 My name was sponsered by employment exchange and another guy who is very well known to me also sponsered by employment exchange for the same post.  I was selected by getting 34 marks as general candidate while he has managed 35 score.  The problem is  I am actually 28 years old and my actual school certificate date of birth is 01.04.1985  I have passed 8th class from uttranchal Board.  in 2009 I met a guy who arranged 10th passed certificate from UP Board which is also original in this certificate  I have registered my date of birth as 01.04.1990.  Now the Guy has filled a writ against me.  

He has  evidence of my LIC, Driving Licence, and declaration of my brother who is also in government job. and School leaving records  (5th pass and 8th pass) As DOB 01.04.1985.

 

while I have submitted documents 10th passs certificate in govt. agency.

Pls suggest me.

 

Can I be prosecuted  of being two date  of certificate ?

what are the chances of his everment ?

can I allure him to draw the petition against me.

or can I pressurise him to withdraw the case against me is it possible ?


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