Legal meaning of the term "false SC/ST/OBC certificate
5 years ago
I was issued a non-creamy layer OBC certificate by the Tehsildar not due to any wrong declaration by me but an inadvertant mistake in interpreting the rules by the Tehsildar. It certainly was a "wrongly issued certificate" with no mens rea or an "invalid" certificate but can it be legally termed as a "false" or "fake" certificate.
Can I be penalised for having used this certificate (in the belief that it is valid) despite the fact that I had made no wrong declarations?
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client need to overview your documents.kindly go through local lawyers.
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Nirmal Chopra
Responded 5 years ago
A.U shall have to consult an advocate personally as contents of certificate are very relevant.
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ROBERT D ROZARIO
Responded 5 years ago
A.facts not clear. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. Contact a local lawyer from Vidhikarya.
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Ambrose Leo
Responded 5 years ago
A.You are in a serious & compex issue of producing & obtaining employment even though you know well it is false to produce, not only you will be removed but also criminal case will be filed againt you under the act, better to consult a expert lawyer from the panel quickly to defend you on all aspects of the issue .
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A.The answer to this question is not that simple and cannot be answered with surety unless the mistake is explained. Also how and in what condition was it used and when you uaed it for your benefit did you have the knowledge that it is not a valid one. The concept of mens rea is a serious one and is heavily loaded. Its ambit and understanding depends on lot of information, facts, and the way actions have been done.
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