| Citation(s) |
|---|
| 2021 SLG 2739 2021 SLD 2739 2021 MLD 1815 |
Islamabad High Court
R.F.A. No.03 of 2021, decision dated: 8th April, 2021,hearing date: 24th February, 2021.
BABAR SATTAR, JUSTICE
Ms. Fatima Tu Zara Butt for Appellant.Mir Afzal Malik for
Respondent.
R.F.A. No.03 of 2021, decision dated: 8th April, 2021,hearing date: 24th February, 2021.
BABAR SATTAR, JUSTICE
Ms. Fatima Tu Zara Butt for Appellant.Mir Afzal Malik for
Respondent.
SAMIA KHANVSFEDERAL BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, ISLAMABAD
Law: National Database and Registration Authority Ordinance, 2000
Section: 5,19
Law: Limitation Act, 1908
Section: 120
(a) National Database and Registration Authority Ordinance (VIII of 2000)--- ----Ss.5 19---Limitation Act (IX of 1908), S. 3, Sched. I Art.120---Computerized National Identity Card (CNIC), primacy of---Presumption of truth---Rebutting evidence, standard of---Wrong date of birth in Secondary School Certificate (SSC)---Bona fide case/plaintiff was seeking to have her academic transcripts/credentials verified by the Higher Education Commission (HEC)---Higher Education Commission was reluctant due to the reason that her date of birth in her SSC being 05.11.1988 was in contradiction with the date of birth in her CNIC, passport and driving licence which was 19.12.1987---Birth certificate reflected the date of birth of the appellant as 19.12.1987, on the basis of which CNIC was issued recoding same date of birth---CNIC was the primary document on the basis of which passport/travel documents were to be issued and identity for purposes of casting vote was to be proved---Same date of birth was reflected in appellant’s domicile, passport and driving licence---CNIC would be given primacy, and presumption of truth was attached to it---Mere fact that the SSC reflected different date of birth was not sufficient to rebut the said presumption of truth---Dismissing such party’s suit on grounds of limitation meant that her SSC would continue to reflect one date of birth and all her other identity documents would continue to reflect another---Person could not have two dates of birth standing together---Appeal was allowed; suit of the appellant was decreed; and respondent was directed to issue a new SSC reflecting the date of birth according to CNIC. (b) Limitation Act (IX of 1908)--- ----S.3, Sched. I Art. 120---Incorrect date of birth in Secondary School Certificate (SSC)---Suit for correction of date of birth---Limitation period, accrual of---Liability, determination of---Trial Court assumed that time for purposes of limitation would begin to run from the date of the issuance of SSC---Held, that Court had no reason to assume that the discrepancy was in appellant’s knowledge at the time of issuance of the SSC---Mistakes could creep into such information due to a fault on part of…
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