Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1980: Determination of age FREEDOM FIGHTER PENSION SCHEME |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | FREEDOM FIGHTER PENSION SCHEME, 1980:Determination of age - Cancellation of Freedom Fighter Pension on the ground that respondent no. 1 did not participate in freedom struggle as he was child of 7-8 years in the year 1942 - Held: As per Voter List of 19!5, age of claimant was 42 years - Considering said document, age in 1942 would have been above 5 years and below 10 years - At such an age, participation in the freedom fight is highly improbable, as such, in the facts and circumstances of the case, cancellation of the pension could not be said to be unwarranted at all. C Freedom Fighter Pension is a form of gratitude extended by an indebted nation in recognition of the sacrifice made by the freedom fighters to achieving independence - Liberal approach has to be adopted in such matters so that rightful persons are not deprived of deserving benefit for lack of evidence, after a lapse of long time - Such cases have to be decided on preponderance of probabilities and standard of proof beyond reasonable doubt is not to be applied.EVIDENCE:Documentary evidence - Held: Has to prevail over oral evidence. Determination of age by the Medical Board - Evidentiary value of - Held: Not reliable as it is based upon physical appearance only and not based upon any scientific medical test like ossification test and radiological examination - When it is based on such scientific tests, it is, of strong corroborative value - In the instant case, Medical Board opined on physical B appearance basis age of the claimant about 73 years - As it is not based on scientific tests it cannot be accepted. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2014 INSC 618 |
Petitioner | Union Of India & Anr |
Respondent | Jai Kishun Singh (d) Through Lrs. & Ors. |
SCR | [2014] 8 S.C.R. 1149 |
Judgement Date | 2014-09-10 |
Case Number | 6651 |
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