Evidence Act of 1872 — Section 35—School Leaving Certificate has been presented by the plaintiff, allegedly bearing his father's signature. The individual who recorded the date of birth in the School Register or the person who attested to the signature of the plaintiff's father on the School Transfer Certificate has not testified as a witness. Neither any school official nor any other person has authenticated the father's signatures on the mentioned certificate—Other than the plaintiff's self-serving statement, there is a lack of evidence demonstrating that the entry of the date of birth was made by the responsible official, which is a crucial factor for the certificate to be admissible as evidence under Section 35 of the Indian Evidence Act, 1872. ...
New Delhi Municipal Council (NDMC) and a dispute regarding the pay scale of employees who were initially recruited in the Electrical Wing but later promoted to the post of Assistant Engineer (E & M) in the Hot Mix Plant, allegedly part of the Civil Wing. The employees, who continued to work in the Auto Workshop, claimed entitlement to the Shiv Shankar Committee pay scale for the Electrical Wing. The NDMC argued that the promotion involved a transfer to the Civil Wing. The court, however, found insufficient evidence supporting the creation of the Assistant Engineer (E & M) posts in the Hot Mix Plant and upheld the employees' right to the Shiv Shankar Committee pay scale. The appeal was dismissed. ...