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English Typing Matter JJA Exam 2021
created Oct 14th, 14:15 by Shashank1
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The Apex Court in a case observed that an entry in a school register may not be a public document and, thus, must be proved in maintained in the ordinary course of business by a public servant in the discharge of his official duty or by any other person in performance of duty specially enjoined by law of the country in which such register is kept would be relevant fact only. If the conditions mentioned in section 35 of the Evidence Act are fulfilled. Hence, the entry of date of birth in the admission form, the scholar registers and transfer certificate must satisfy the conditions laid down in section 35 of the Evidence Act. Observation of the Apex Court is needs to be highlighted here. It is held that any document which is in consonance with public documents, such as matriculation certificate, could be accepted by the Court or the JJB provided such public document is credible and authentic as per the provisions of the Indian Evidence Act, 1872, For Extent to which and how reliability of these documents is to be tested guidance may be taken from the observation in case wherein it was observed that ''the Courts are not to conduce a roving inquiry into the correctness of school certificate'' or the date of birth certificate from the school first attended and even the birth certificate given by a corporation or a municipal authority or a panchayat may not be correct. But Court, JJB or a Committee functioning under the JJ Act is not expected to conduct such a roving inquiry and to go behind those certificates to examine the correctness of those documents, kept during the normal course of business. Only in cases where those documents or certificates to examine the correctness of those documents, ept during the normal course of business. Only in cases where those documents or certificates are found to be fabricated or manipulated, the Court, the JJB or the Committee and to go for medical report for age determination.
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