Mohd. Abdullah Azam Khan vs Nawab Kazim Ali Khan on 7 November, 2022
Further, reference was made to Brij Mohan (supra) as well as
Birad Mal Singhvi (supra) and it was observed that in the absence of
primary material on the basis whereof the age was recorded, it would
not be possible to accept the evidence produced therein. While
examining the admission register of the school relied upon by the
successful candidate therein, it was observed that entries in the said
register had been made by one person with two different pens in one
sitting. Also, there were other alterations in the said register and hence,
no credence could be given to the same. It was observed that forgery in
the register had been done in a crude form and the High Court had
noticed the same but still proceeded to rely upon the said documents
which amounted to a misdirection in law. It was further observed that
the respondent therein had special knowledge as to in which school he
had studied and should have disclosed the same instead of disclosing
the details of his education. He had taken recourse to suppression veri
and suggestion falsi and had produced documents which were
apparently forged and fabricated. The respondent therein could not
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have been admitted in New St. Xaviers Junior School, being overaged
and the evidence of father of the respondent was not trustworthy.
Further, the horoscope filed by the respondent in the said case did not
inspire confidence. Further, DW2 who let in evidence on the horoscope
was a bystander who had nothing to do either with the preparation of
the horoscope or with the writing thereof and his evidence was not
trustworthy and the horoscope could not have been looked into for any
purpose whatsoever. Also, an application was filed on behalf of the
respondent therein in respect to the occurrence which took place in
April, 1995, and the date of birth of the appellant was said to be
fourteen years as on that date, and, thus, sixteen years in the year
1996 and was below twentyfive years of age on the date of filing of the
nomination.