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| HC dismisses BOSE appeal on change of date of birth | | | Early Times Report
Jammu, Dec 29- The Jammu and Kashmir High Court today dismissed an appeal filed by Board of School Education with regard to the change of date of birth of Dr. Krishen Lal Gupta presently Professor Bio-Chemistry GMC Jammu.
Justice NA Kakru while referring various judgments of Supreme Court and High Court observed that on the perusal of the record and the findings recorded by the Trial Court affirms that the date of birth of Dr. Krishan Lal Gupta is February 23, 1953 instead of April 10, 1949. The certificate of the Municipality proves the genuineness and authenticity of the date of birth. More so, the credibility of the witnesses of the Doctor has remained unshaken despite cross-examination by the counsel for the BOSE. In the said backdrop, there is no reason for this Court much less justifiable one to take a view contrary to the one taken by the Trial Court and first appellate court on the merits of the evidence. Thus even on re-appreciation of evidence interference with the concurrent finding is warranted.
Justice Kakru further observed that Court would now like to examine the scope of interference in the Civil Second Appeal by reference to section 100 of Civil Procedure Code, but any deliberation on the part of this Court that count is uncalled for in view of readily available guidance from a catena of judicial pronouncements. He referred various judgments of the Apex Court and High Court that interference with the findings of fact would amount of excess of jurisdiction u/s 100 of the Civil Procedure Code and indulgence by the High Court is permissible if the Civil Second Appeal involves a substantial question of law which it does not in the considered opinion. The Court accordingly dismissed the appeal filed by BOSE. JNF
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