Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
In certain judgments, the courts have emphasized the procedural correctness and the importance of the Nirgam record in age verification, although they also consider the absence of original records or medical evidence ["RATNAMAL W/O ATMARAM SHIRAMWAD vs THE STATE OF MAHARASHTRA AND OTHERS - Bombay"].
Analysis and Conclusion:
In legal proceedings across India, proving a person's age is often crucial—whether in criminal cases, employment disputes, or compassionate appointments. A common question arises: Can Nirgam Uttara be considered for deciding age? This refers to documents like school leaving certificates or Nirgam Praman Patra, which record a student's entry and exit from educational institutions. These are frequently cited as secondary evidence for age verification when birth certificates are unavailable.
This blog post examines the legal landscape, drawing from tax-related documents and key court judgments. While not legal advice, it provides general insights into how courts typically view such documents. Always consult a qualified lawyer for specific cases.
Nirgam Uttara or similar terms like Nirgam Praman Patra and Nirgam Register originate from school records in regional languages (e.g., Marathi, Hindi). They serve as official proofs of a student's admission (Pravesh) and departure (Nirgam), often including date of birth. In Indian jurisprudence, these are public documents under the Evidence Act, 1872, carrying presumptive value.
Courts generally accept them as reliable for age determination, especially in the absence of primary evidence like birth certificates or medical reports. However, their weight depends on authenticity, custody, and corroboration. Photocopies may be admissible if originals are institutional records. RATNAMAL W/O ATMARAM SHIRAMWAD vs THE STATE OF MAHARASHTRA AND OTHERS
Primary documents on purchase price under Section 44AC of the Income-tax Act focus on Nirgam Mulya (issue price), not age. These clarify that Nirgam Mulya is consideration for exclusive privileges, excluded from purchase price for tax at source under Section 206C. Badhar Khan VS Deputy Commissioner - Income Tax Appellate Tribunal (1992)Bihar Public Service Commission through its Chairman VS Jagat Narayan Nayak S/O Late Sita Ram Nayam - 2018 0 Supreme(Pat) 250
Key finding: There are no legal considerations or provisions in these documents relating to age determination for Nirgam Uttara. The scope is strictly financial:- Documents Badhar Khan VS Deputy Commissioner - Income Tax Appellate Tribunal (1992) and Bihar Public Service Commission through its Chairman VS Jagat Narayan Nayak S/O Late Sita Ram Nayam - 2018 0 Supreme(Pat) 250 interpret purchase price, treating Nirgam Mulya separately.- No references to age, birth dates, or verification procedures. Badhar Khan VS Deputy Commissioner - Income Tax Appellate Tribunal (1992)
This absence implies age is irrelevant in tax contexts but doesn't preclude its use elsewhere. If your query stems from tax matters, Nirgam Uttara typically plays no role. Bihar Public Service Commission through its Chairman VS Jagat Narayan Nayak S/O Late Sita Ram Nayam - 2018 0 Supreme(Pat) 250
Indian High Courts have repeatedly considered Nirgam records for age proof, affirming their evidentiary value. Here's a breakdown:
In a case, the court examined Exhibit 48 Viddyarthi Pravesh Nirgam Pramane Nondani, noting its role in date of birth proof despite missing records or medical evidence. RATNAMAL W/O ATMARAM SHIRAMWAD vs THE STATE OF MAHARASHTRA AND OTHERS The counsel argued it as a public document warranting consideration, highlighting courts' reliance on such institutional records.
Multiple judgments uphold photocopies of Nirgam Registers as documentary evidence, provided originals are with educational institutions. True, the Nirgam register is in the form of photo copy. ... The Nirgam Register referred to above is one of such documentary evidences. ... The original Nirgam Register has to be in the custody of the educational institution. GOVINDRAO SHESHRAO WAKORE AND ORS vs LATE MANIKRAO GURUJI SAMAJIK VIKAS SANSTHAGOVINDRAO SHESHRAO WAKORE AND ORS vs LATE MANIKRAO GURUJI SAMAJIK VIKAS SANSTHA
A petitioner supported his date of birth with Nirgam Praman Patra (Annexure P/3). The court divided analysis into parts, including age determination procedures. SRIPAT RAM @ SRIPATI RAM vs SOUTH EASTERN COAL FIELD LTD
Patterns across cases:- Strengths: Public documents, institutional custody, presumptive proof.- Limitations: Need originals or certified copies; corroboration if disputed.- Courts weigh them against ossification tests or horoscopes but often favor early school records.
When evaluating Nirgam Uttara:1. Authenticity: Certified by school headmaster/principal.2. Timing: Recorded contemporaneously with admission (best at age 5-6).3. Consistency: Matches other records.4. Custody: Originals with institutions; copies admissible. GOVINDRAO SHESHRAO WAKORE AND ORS vs LATE MANIKRAO GURUJI SAMAJIK VIKAS SANSTHA5. Context: Stronger in juvenile justice or service matters.
Quote: Learned counsel submitted that it was public document and so, should have been considered. RATNAMAL W/O ATMARAM SHIRAMWAD vs THE STATE OF MAHARASHTRA AND OTHERS
If age exceeds limits (e.g., 35 for compassionate posts), challenge via writs. Sahzad Alam VS Central Coalfield Limited - 2016 Supreme(Jhk) 1418
For age-related disputes, Nirgam Uttara remains a vital tool in India's judicial toolkit. Stay informed on evolving precedents.
#NirgamUttara #AgeProofIndia #LegalAgeDetermination
Learned counsel submitted that it was public document and so, should have been considered. ... There was document Exhibit 48 Viddyarthi Pravesh Nirgam Pramane Nondani, according to which the date of birth of however, considered the fact that no evidence was brought as to The document Exhibit 48 Viddyarthi Pravesh Nirgam Pramane record was not available and medical evidence was also not there regarding age of
True, the Nirgam register is in the form of photo copy. ... The Nirgam Register referred to above is one of such documentary evidences. ... The original Nirgam Register has to be in the custody of the educational institution. ... Learned Single Judge decided both the Writ Petitions by common judgment and order dated 3.9.2010, whereby the order in These appeals, since arise from one and the same proceedings, namely, the Appeal decided
True, the Nirgam register is in the form of photo copy. ... The Nirgam Register referred to above is one of such documentary evidences. ... The original Nirgam Register has to be in the custody of the educational institution. ... Learned Single Judge decided both the Writ Petitions by common judgment and order dated 3.9.2010, whereby the order in These appeals, since arise from one and the same proceedings, namely, the Appeal decided
True, the Nirgam register is in the form of photo copy. ... The Nirgam Register referred to above is one of such documentary evidences. ... The original Nirgam Register has to be in the custody of the educational institution. ... Learned Single Judge decided both the Writ Petitions by common judgment and order dated 3.9.2010, whereby the order in These appeals, since arise from one and the same proceedings, namely, the Appeal decided
The Division Bench of this Court In Writ Appeal No.113 of 2014, decided on 20.9.2016 (South Eastern Coalfields Ltd. and others v. ... I have heard learned counsel appearing for the parties and considered their rival submissions made and also gone through the documents appended with the petition. ... 5. ... In support of his date of birth, he filed Nirgam Praman Patra (Annexure P/3) in which his date of birth is recorded as 5.3.51 and also filed mark sheet issued by the D.A.V. Inter College, Gazipur (Annexure P/4) in which no date of birth....
I have heard learned counsel appearing for the parties and The Division Bench of this Court In Writ Appeal No.113 of 2014, decided ... In support of his date of birth, he filed Nirgam Praman Patra (Annexure P/3) in which his date of birth is First is Nirgam Praman Patra, in which date of birth of the petitioner has divided in two parts, Para (A) provides for Determination of the age at the p
Nirgam Mulya) and at Rs. 21,05,920 on account of octroi expenses in the case of M/s Bhadar Khan Fukhraj (ITA No. 909/Jp/95) should have been considered as components of the ‘Purchase Price’. ... Irrespective of the fact whether such insertion had a retrospective effect or not the position was that the CBDT and the Courts seem to have favoured the view that Nirgam Mulya as such be not considered to be forming part of purchase price. ... Therefore, though after issue of the notices on 16th March, 1995 the learn....
The issue has been examined and it has been decided that Nirgam Mulya or issue price will not form part of purchase price and consequently it will not be taken into consideration for determining the profits under section 44AC for collection of tax at source under section 206C of the Income-tax Act. ... On the same analogy the Nirgam Mulya or issue price which is paid by a buyer in the State of Uttar Pradesh will also form part of the purchase price. ... This is to inform you that the payment of Nirgam Mulya will be treat....
Both the Petitions are being decided The School Tribunal considered the record Shri Uttam S/o Kondiba Bhujbale Age ... Shri Wakore S/o Govindrao Sheshrao Age: 31 years, Occu.: Nil, Age : 31 years, Occu.: Nil, p style="position:absolute;white-space:pre;margin
MAJALIKAR AGE: 55 YEARS, OCC: FISHERMEN, R/O: I.N.P. ROAD, BAITKHOL, KARWAR-581302, DIST: UTTARA KANNADA. ... DURGEKAR AGE: 58 YEARS, OCC: FISHERMEN, R/O: I.N.P. ROAD, BAITKHOL, KARWAR-581302, DIST: UTTARA KANNADA. ... HARIKANTRA AGE: 58 YEARS, OCC: FISHERMEN, R/O: I.N.P. ROAD, BAITKHOL, KARWAR-581302, DIST: UTTARA KANNADA. ... We have carefully considered rival contentions and perused the records. 10. ... NARAYAN ERA HARIKAN....
The case of the petitioner deserves to be considered by the respondent-authorities. I am of the considered view that the State of Jharkhand issued the age certificate/birth certificate showing the age which is much less than the required age.
Hence, there is no question of inconsistency or repugnancy between the Central Legislation or the State Legislation as envisaged under Article 254 of the Constitution of India. (v) What should be the age of retirement, that can be decided by the State. It is a power vested in the State to decide such age of superannuation. Where there is a power vested in the State, there is no corresponding right vested in the teaching staff and similarly there is no duty, much less a public duty, vested in the State that the State must enhance the age of superannuation.
Where there is a power vested in the State, there is no corresponding right vested in the teaching staff and similarly there is no duty, much less a public duty, vested in the State that the State must enhance the age of superannuation. It is a power vested in the State to decide such age of superannuation. Hence, there is no question of inconsistency or repugnancy between the Central Legislation or the State Legislation as envisaged under Article 254 of the Constitution of India. (v) What should be the age of retirement, that can be decided by the State.
It has been decided by the Government that the services of the eligible Contractual Workers working at P.T.I. (now TIT) on contract basis in different branches may be regularised as per existing rules. The memorandum No.F.7(198)DHE/NG/2007/L dated 24.12.2007 is the outcome of the said process. It is therefore, requested to kindly ask the eligible Contractual Workers as per list attached to appear before the Interview Board scheduled to be held on 15th October, 2007 at 11 A.M. at Government Music College, Agartala with all original testimonials.” Also decided the age relaxation may ....
As per the records submitted during the course of hearing by Mr.Supehia, learned Counsel appearing for the Registrar of High Court, the District Court had considered the age relaxation of the aforesaid category of persons up to five years and the list was so submitted before the High Court on administrative side for approval and it was so approved. Apart from the above, in the present recruitment process for the candidates belonging to a specified class or category namely; SC, ST and SEBC and Physically Handicapped and Ex-army men, the relaxation has been considered by the District Courts up....
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