Date of birth Archives

In absence of any documentary proof of date of birth, ossification test is required: Delhi HC sets aside conviction under POCSO Act

“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”

Case Briefs Supreme Court

[Motor Accident Claim] Aadhar not proof of date of birth; SC affirms age determination using School Leaving Certificate

The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.

Case Briefs High Courts

Correction of date of birth in service record cannot be made at the fag end of career: Bombay High Court reiterates

Bombay High Court clarified that “the expression ‘fag end of the career’, must be construed in light of the length of service being put in by an employee.”

Case Briefs High Courts

‘Correction of date of birth cannot be claimed as a matter of right’; Telangana High Court dismisses petition for alteration in date of birth in service records

“A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit alteration of date of birth on the basis of any judgement, decree or order of a Civil Court and no indulgence can be shown.”

Case Briefs High Courts

Date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference: Patna High Court

The Patna High Court directed the Regional Passport Officer to issue fresh passport to a girl by correcting her date of birth and held that the date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference

Case Briefs High Courts

Can Court direct to retrospectively amend birth certificate to expunge father’s name by replacing mother’s name as an only parent? Kerala HC decides

“The children of unwed mothers and the children of the rape victims can also live in this country with the fundamental rights of privacy, liberty, and dignity. None can intrude into their personal life, and if it happens, the Constitutional Court of this country will protect their fundamental rights.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Can a defence person change the name of his wife twice in his service records? Tribunal answers

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs High Courts

Ori HC | Government servant should not be permitted to correct the date of birth near/ around superannuation; application to be entertained only within 5 years from joining date

Orissa High Court: S.K Panigrahi, J. dismissed the petition and remarked “no application for alteration of date of birth after five years

Case Briefs High Courts

All HC | Date of birth in an Aadhaar Card not conclusive

Allahabad High Court: The Division Bench of Manoj Misra and Virendra Kumar Srivastava, JJ. clarified that no protection shall be given and

Case Briefs High Courts

P&H HC | No primacy to matriculation certificate for proof of date of birth after enforcement of JJ Act, 2015

Punjab and Haryana High Court: Rajbir Sehrawat, J. dismissed the appeal on the ground that the decision taken by the lower court

Case Briefs High Courts

Guj HC | Authority confirming the date of birth even after noticing a discrepancy gets caught, Court issues appropriate directions

Gujarat High Court: A Bench of A.Y. Kogje, J., allowed a petition and gave further directions to the respondent. In the pertinent case

Case Briefs High Courts

Correction of date of birth in the matriculation certificate must be sought at the earliest and not at the fag end of service

Patna High Court: A Single judge bench comprising of Anil Kumar Upadhyay, J. dismissed a petition filed for a direction to State

Case Briefs High Courts

Cancellation of candidature of an IIT Qualified engineer at the final stage of induction into Civil Services held disproportionate to bonafide omission

Delhi High Court: The Division Bench comprising of Rekha Palli and Hima Kohli, JJ., allowed an appeal and set aside the order

Case Briefs High Courts

MP High Court: No alteration in date of birth allowed at the fag end of the service

High Court of Madhya Pradesh, Jabalpur: The Court recently addressed a petition for altering the date of birth of petitioner from 1956