Counsel Disagree On Whom The Onus Of Proof Rests, SC Says, 'We Can't Leave a Man In Limbo Without a Date Of Birth' In Abdullah Azam Khan's Case
2 years, 6 months ago

Counsel Disagree On Whom The Onus Of Proof Rests, SC Says, 'We Can't Leave a Man In Limbo Without a Date Of Birth' In Abdullah Azam Khan's Case

Live Law  

A Division Bench of the Supreme Court of India on Thursday continued to hear the challenge against a decision of the Allahabad High Court to disqualify Rampur MLA Mohd. First, in the birth register maintained by the Lucknow Municipal Corporation – "ostensible birth register", Boparai was quick to remind the Court – Abdullah Azam Khan was shown as a Hindu ladka. On this point, Justice Nagarathna observed – "There may be no hospital records, but unless there is a corresponding municipal entry of a person's birth, the birth certificate cannot be issued. Justice Nagarathna pressed further – "A duplicate birth certificate can be issued only when there is an original birth certificate" Boparai answered – "There is no original birth certificate, Your Ladyship." Playing devil's advocate, Sibal noted – "If I were the petitioner, I would have to prove by documentary and oral evidence that this is my date of birth."

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History of this topic

Juvenility Can't Be Declared Without Determining Date Of Birth : Supreme Court On SP Leader Abdullah Azam Khan's Plea
4 months, 1 week ago

Juvenility Can't Be Declared Without Determining Date Of Birth : Supreme Court On SP Leader Abdullah Azam Khan's Plea

Live Law  

The Supreme Court yesterday said that it needs to hear on merits whether the conviction of Samajwadi Party leader Mohammed Abdullah Azam Khan, based on which he was disqualified as a member of the Uttar Pradesh Legislative Assembly, can be set aside on determination of juvenility. On September 26, 2023, the Court directed the District Judge, Rampur, to submit a …

SC Upholds Setting Aside of 2017 Election of Abdullah Azam Khan from UP Assembly
2 years, 4 months ago

SC Upholds Setting Aside of 2017 Election of Abdullah Azam Khan from UP Assembly

News 18  

The Supreme Court on Monday rejected a plea challenging an order of the Allahabad High Court setting aside the election of Mohammad Abdullah Azam Khan, son of Samajwadi Party leader Azam Khan, to the Uttar Pradesh Assembly in 2017. “We have dismissed,” said a bench of Justices Ajay Rastogi and B V Nagarathna while pronouncing the verdict on Abdullah Azam’s …

Azam Khan's Son Disqualification Challenge:Supreme Court Reserves Judgement
2 years, 6 months ago

Azam Khan's Son Disqualification Challenge:Supreme Court Reserves Judgement

Live Law  

A Division Bench of the Supreme Court of India on Tuesday reserved the judgement in a challenge against a decision of the Allahabad High Court to disqualify Rampur MLA Mohd. Khan, along with his father, Azam Khan, and his mother, Tazeen Fatma, were also arrested in February 2020 on several charges, including cheating, for allegedly fabricating his birth certificate. Sibal …

"School Register Not Primary Proof Of Birth Date" : Kapil Sibal To Supreme Court In Plea Of Azam Khan's Son Against Setting Aside Of Election
2 years, 6 months ago

"School Register Not Primary Proof Of Birth Date" : Kapil Sibal To Supreme Court In Plea Of Azam Khan's Son Against Setting Aside Of Election

Live Law  

A Division Bench of the Supreme Court of India on Tuesday began to hear the challenge against a decision of the Allahabad High Court to disqualify Mohd. In the 49-page long judgement, the Single Judge elaborately discussed the contentions raised by both sides and the relevant statutory principles and provisions: While noting that Section 103 of the Evidence Act placed …

Allahabad HC Disqualifies Rampur MLA Md Abdullah Azam Khan From UP Assembly [Read Judgment]
5 years, 3 months ago

Allahabad HC Disqualifies Rampur MLA Md Abdullah Azam Khan From UP Assembly [Read Judgment]

Live Law  

In a major blow to Mohd. Azam also produced the fresh birth certificate issued to him by the Nagar Nigam, Lucknow along with the cancellation order of the old birth certificate, passed by the Nagar Palika Parishad, Rampur, to support his case. The court also noted that Azam's father was the Cabinet Minister of the Department of Urban Development and …

Lack Of Procedure In Determining My DOB, Gen V K Singh Tells SC
13 years, 2 months ago

Lack Of Procedure In Determining My DOB, Gen V K Singh Tells SC

India TV News  

New Delhi, Jan 19: Army Chief Gen V K Singh has told the Supreme Court that he was treated by the government in a manner which reflects total lack of procedure and principles of natural justice in deciding his age. In his 68-page petition challenging the government's decision on determining his date of birth as 10.5.1950 and not 1951, he …

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