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State Of M.P. & Ors vs Premlal Shrivas on 19 September, 2011

17) To be fair to Mr. M. I. Dar, learned counsel for the respondents, the judgment rendered by a Single Bench of this Court in the case of S. Mohan Singh Sethi{2011 (2) JKJ[HC] 89} and the judgment of the Hon‟ble Supreme Court in the case of State of M.P. and Ors. v. Premlal Shrivas (AIR 2011 SC 3418), support the plea of the respondents that stale claims for correction of entries in the date of birth or the official records are not to be entertained.
Supreme Court of India Cites 6 - Cited by 189 - D K Jain - Full Document

M/S Bharat Coking Coal Ltd.& Ors vs Chhota Birsa Uranw on 25 April, 2014

14) The judgment of the Supreme Court in the case of Bharat Coking Coal Ltd. (supra) is actually predicated on the legal proposition laid down in the case of Secretary and Commissioner, Home Department vs. R. Kirubakaran, 1994 Supp. (1) SCC 155, wherein the Hon‟ble Supreme Court has held that "unless a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent, the Court or the Tribunal should not issue a direction, on the basis of materials which make such claim only plausible." It further provides that "before any such direction is issued, the court or the Tribunal must be fully satisfied that there has been real injustice to the person concerned and his claim for correction of date of birth has been made in accordance with the procedure prescribed, and within the time fixed by any rule or order. If no rule or order has been framed or made, prescribing the period within which such application has to be filed, then such MOHAMMAD ALTAF BHAT 2020.12.31 14:08 I attest to the accuracy and integrity of this document 10 WP(C) No.3628/2019 CM No.7448/2019 application must be filed within the time, which can be held to be reasonable."
Supreme Court of India Cites 15 - Cited by 113 - P C Ghosh - Full Document

Secretary & Commissioner, Home ... vs R. Kirubakaran on 21 September, 1993

14) The judgment of the Supreme Court in the case of Bharat Coking Coal Ltd. (supra) is actually predicated on the legal proposition laid down in the case of Secretary and Commissioner, Home Department vs. R. Kirubakaran, 1994 Supp. (1) SCC 155, wherein the Hon‟ble Supreme Court has held that "unless a clear case on the basis of materials which can be held to be conclusive in nature, is made out by the respondent, the Court or the Tribunal should not issue a direction, on the basis of materials which make such claim only plausible." It further provides that "before any such direction is issued, the court or the Tribunal must be fully satisfied that there has been real injustice to the person concerned and his claim for correction of date of birth has been made in accordance with the procedure prescribed, and within the time fixed by any rule or order. If no rule or order has been framed or made, prescribing the period within which such application has to be filed, then such MOHAMMAD ALTAF BHAT 2020.12.31 14:08 I attest to the accuracy and integrity of this document 10 WP(C) No.3628/2019 CM No.7448/2019 application must be filed within the time, which can be held to be reasonable."
Supreme Court of India Cites 6 - Cited by 236 - N P Singh - Full Document
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