Skip to content


Judgment Search Results Home  Phrase:births deaths and marriages registration act 1886

Feb 21 2008

Nitaben Nareshbhai Patel Vs. State of Gujarat and Ors.

  • Decided on : 21-Feb-2008

Court : Gujarat

Reported in : 2008GLH(1)556; (2008)1GLR884

... 1886, Registration of Births, Deaths and Marriages Registration Act, 1886 governed by the Act named as the Births, Deaths and Marriages Registration Act, 1886 (for short 'the repealed Act) having six chapters consisting of 37 Sections and particularly Section 28 was pertaining to correction of entry with regard to date of Birth and Death which empowered Registrar of Births and Deaths ... Births and Deaths. That, Act of 1969 clearly envisages that an Act is enacted to provide regulations of Births and Deaths and for matters connected therewith, while the Births, Deaths and Marriages Registration Act, 1886 (now repealed) was enacted to provide the voluntary registration of certain Births, Deaths and Marriages. Now in view of the decision of the Apex Court for compulsory registration of Births, Deaths and Marriages ... Births, Deaths and Marriages Registration Act, 1886, Section 15 of the Registration of Births and Deaths Act, 1969, Rule 12 of the erstwhile Registration of Birth and Deaths Registration Rules, 1973 as framed by the State Government on the basis of model Rules and Rule 11 of the Gujarat Registration of Births and Deaths ...

Apr 20 2001

Surendra Dash Vs. Laxmidhar Sahoo and Anr.

  • Decided on : 20-Apr-2001

Court : Orissa

Reported in : 92(2001)CLT114

... Births, Deaths & Marriages Registration Act, 1886 is erroneous as appellant placed reliance on section 15 of Registration of Births & Deaths Act, 1969 and Rule 12 of the Orissa Registration of Births & Deaths Rules, 1970 framed thereunder. D. For that the learned Single Judge has committed ex facie error by placing reliance on section 9 and SECtion. 28 of the Births, Deaths & Marriages Registration Act ... provision of the Births, Deaths and Marriages Registration Act, 1886 (in short 'the 1886 Act') more specifically sections 9 and 28 thereof and observed that section 9 prescribes that a copy of the entry made in the Birth or Death Register is admissible in evidence for the purpose of proving the birth, death or marriage, as the case ... Act is a regulatory Act providing for the registration of births and deaths and no rights are created under that Act by the mere fact of registration of birth or death of a person ......' 8. This being the position of law, the irresistible conclusion is that the Tribunal has acted within its jurisdiction while dealing with Ext. 12, i. e., the entry in birth and death ... Act providing for the registration of births and deaths and no rights are created under that Act by the mere fact of registration of birth or death of a person ......' 8. This being the position of law, the irresistible conclusion is that the Tribunal has acted within its jurisdiction while dealing with Ext. 12, i. e., the entry in birth and death Register.9. Challenge is made to the act ...

Jul 11 2012

Bharat Vitthal Shete Vs. Rohidas Manaji Wahleker and Others

  • Decided on : 11-Jul-2012

Court : Mumbai - Aurangabad

... ) of the Births, Deaths and Marriages Registration Act,1886 and the provisions of Section 114 of the Evidence Act and this Court, in the facts of that case, held that, in order to give presumptive value to the entries made in the register of birth, the condition specified under subsection (1) of Section 22 of the Births, Death and Marriages Registration Act has necessarily to ... Births, Deaths and Marriages Registration Act, 1886, and it has no presumptive value as per Section 114 of the Evidence Act. The petitioner has also contended that, the respondent No. 3 has no jurisdiction to set aside the petitioner's election, as per provisions of Sections 14 and 16 of the said Act, and only the Civil Court has jurisdiction under Section 15 of the said Act ... the said information about the birth. Therefore, the said certificate cannot be relied upon, since it has no presumptive value as per the provisions of Section 114 of the evidence Act. However, said contention has not been considered at all. The appellate authority has not considered the provisions of Births, Deaths and Marriages Registration Act, 1886. When such contention was ... 114 of the evidence Act. However, said contention has not been considered at all. The appellate authority has not considered the provisions of Births, Deaths and Marriages Registration Act, 1886. When such contention was raised by the petitioner, the authorities were bound to refer to the provisions of Section 19 to 22 of the above mentioned Act. The petitioner ...

Jul 11 2012

Bharat Vitthal Shete Vs. Rohidas Manaji Wahleker and Others

  • Decided on : 11-Jul-2012

Court : Mumbai - Aurangabad

... ) of the Births, Deaths and Marriages Registration Act,1886 and the provisions of Section 114 of the Evidence Act and this Court, in the facts of that case, held that, in order to give presumptive value to the entries made in the register of birth, the condition specified under subsection (1) of Section 22 of the Births, Death and Marriages Registration Act has necessarily to ... Births, Deaths and Marriages Registration Act, 1886, and it has no presumptive value as per Section 114 of the Evidence Act. The petitioner has also contended that, the respondent No. 3 has no jurisdiction to set aside the petitioner's election, as per provisions of Sections 14 and 16 of the said Act, and only the Civil Court has jurisdiction under Section 15 of the said Act ... the said information about the birth. Therefore, the said certificate cannot be relied upon, since it has no presumptive value as per the provisions of Section 114 of the evidence Act. However, said contention has not been considered at all. The appellate authority has not considered the provisions of Births, Deaths and Marriages Registration Act, 1886. When such contention was ... 114 of the evidence Act. However, said contention has not been considered at all. The appellate authority has not considered the provisions of Births, Deaths and Marriages Registration Act, 1886. When such contention was raised by the petitioner, the authorities were bound to refer to the provisions of Section 19 to 22 of the above mentioned Act. The petitioner ...

Apr 06 1990

Government of Andhra Pradesh and Anr. Vs. M. Hayagreev Sarma

  • Decided on : 06-Apr-1990

Court : Supreme Court of India

Reported in : JT1990(2)SC138; (1990)IILLJ158SC; 1990(1)SCALE746; (1990)2SCC682; [1990]2SCR366; 1990(1)LC731(SC)

... birth of an employee its alteration, correction and all other allied matters. The Births, Deaths and Marriages Registration Act, 1886 is a central law which is referable to Union List. Section 9 of the Act merely lays down that copies of entries of the registers relating to births and deaths maintained under the Act shall be admissible in evidence for the purpose of proving the births and deaths ... his date of birth after the enforcement of 1984 Rules. It was not open to the respondent to claim alteration of his date of birth, even on the basis of extracts of the entry contained in births and deaths register maintained under the Births, Deaths and Marriages Registration Act, 1886 as the question of correction of his date of birth had already ... births and deaths register maintained under the Births, Deaths and Marriages Registration Act, 1886 as the question of correction of his date of birth had already been finally decided in 1968.8. As regards validity of Rule 5 is concerned, the view taken by the Tribunal is whollymisconceived. Rule 5 lays down that where application of a Government employee for alteration of his date of birth ... as it was repugnant to Section 9 of the Births, Deaths and Marriages Registration Act, 1886. On these findings the Tribunal directed the appellants to consider the respondent's application again for the alteration of his date of birth on the basis of the extracts of the entry in the births and deaths register. Aggrieved the appellants have preferred this ...

Dec 13 2000

Surendra Dash Vs. Laxmidhar Sahoo and Anr.

  • Decided on : 13-Dec-2000

Court : Orissa

Reported in : 2001(I)OLR65

... of the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) in support of his contention that it is only the prescribed authority, namely the Registrar of Births and Deaths who can correct any error contained in such register and n6 other authority can correct such error. Section 28 of the Act is extracted hereunder :' 28. Correction of entry in register of births or deaths. -(1) ... has already been sent to the Registrar General of Births, Deaths and Marriages, the Registrar of Births and Deaths shall make and send a separate certified copy of the original erroneous entry and of the marginal correction therein made.'The aforesaid provision contained in Chapter-Ill of the Act relating to registration of births and deaths in intended to empower the Registrar to correct ... Act is as follows :' 9. Copies of entries to be admissible in evidence.A copy of an entry given under the last foregoing section shall be certified by the Registrar-General of Births, Deaths and Marriages, or by an officer authorised in this behalf by the State Government, and shall be admissible in evidence for the purpose of proving the birth, death or marriage ... birth, death or marriage, as the case may be. Even though such entry is admissible, its evidentiary value is obviously within the domain of the Court deciding the matter where such entry has been admitted into evidence. By deciding that a particular entry is not reliable, the Court does not purport to exercise the power Under Section 28 of the Act ...

Jul 19 2006

State of Gujarat and Ors. Vs. Vali Mohmed Dosabhai Sindhi

  • Decided on : 19-Jul-2006

Court : Supreme Court of India

Reported in : AIR2006SC2735; [2006(110)FLR891]; JT2006(6)SC468; 2006(7)SCALE206; (2006)6SCC537; 2006(2)LC1065(SC)

... Birth) Rules. 1984 were considered. The public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the Births, Deaths and Marriages Registration Act, 1886. The Andhra Pradesh Administrative Tribunal corrected the date of birth as claimed by the petitioner before the Tribunal, in view of the entry in the births and deaths ... birth, unless the service record is first corrected consistently with the appropriate procedure.' In the case of Government of Andhra Pradesh v. M. Havagreev Sarma the A.P. Public Employment (Recording and alteration of Date of Birth) Rules. 1984 were considered. The public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the Births, Deaths and Marriages Registration Act, 1886 ... birth as claimed by the petitioner before the Tribunal, in view of the entry in the births and deaths register ignoring the rules framed by the State Government referred to above. It was inter alia observed by this Court:The object underlying Rule 4 is to avoid repeated applications by a government employee for the correction of his date of birth ...

Feb 02 1993

K.M. Jariwala Vs. Indian Petrochemicals Corporation Ltd.

  • Decided on : 02-Feb-1993

Court : Gujarat

Reported in : (1993)2GLR1481; (1994)ILLJ735Guj

... the rules prior to the commencement of 1984 Rules, he will not be entitled for alteration of his date of birth. Incidentally, it was further held that Rule 5 could not be said to be repugnant Section 9 of Births, deaths and Marriages Registration Act, 1886. Section 9 merely relates to admissibility of documents, it does not seek to regulate service conditions of a State ... of Births, deaths and Marriages Registration Act, 1886. Section 9 merely relates to admissibility of documents, it does not seek to regulate service conditions of a State employee. In my opinion even this decision would have no application to the facts and circumstances of the present case, particularly bearing in mind the very prayer of the petitioner for restoration of the date of birth recorded ... the petitioner in this petition under Art. 226 of the Constitution of India; and the bone of the contention is the petitioner's birth date. 2. The petitioner's birth date is 5th February, 1937 as per the birth certificate, the certificate of age, nationality, domicile, etc., issued by the Sub-Divisional Magistrate, Surat, vaccination certificate, pass-port, insurance policy, identity ... where the age as noted in the record at the time of entry into service was subsequently sought to be corrected on the basis of some other birth date to be a correct birth date, that should be done within the prescribed period of limitation and period of limitation if reasonableness laying down period of limitation if reasonableness laying ...

May 15 2009

CIDCO Vs. Vasudha Gorakhnath Mandevlekar

  • Decided on : 15-May-2009

Court : Supreme Court of India

Reported in : 2009(4)AWC3776(SC); 2009(5)BomCR253; [2009(121)FLR991]; JT2009(8)SC495; 2010(1)MhLJ41(SC); 2009(8)SCALE480; (2009)7SCC283

... all the records maintained by the Corporation, the date of birth of the respondent has been shown to be 2.10.1950.(ii) Although Municipal Council came into being in 1976, but, earlier the records used to be maintained by the panchayat under the provisions of the Births, Deaths & Marriage Registration Act, 1886 and as such the entries made in terms of the ... the panchayat under the provisions of the Births, Deaths & Marriage Registration Act, 1886 and as such the entries made in terms of the statutory provisions shall prevail over the entry made in the school leaving certificate.(iii) The reasons assigned by the Manager (Personnel) of the appellant - Corporation holding that the respondent's date of birth is 2.10.1948 are wholly perverse ... 2007 assigned the following reasons:She states that the birth certificate issued by the Panvel Municipal Council based on the entry in the v.f. No. 14 Register of Births and Deaths is the proof of the birth date. Similarly, these certificates are issued as per the Birth and Death Act, 1886 and the Maharashtra Birth Death Registration Rules, 1976, as such she also says that ... f. No. 14 Register of Births and Deaths is the proof of the birth date. Similarly, these certificates are issued as per the Birth and Death Act, 1886 and the Maharashtra Birth Death Registration Rules, 1976, as such she also says that these should be accepted as proof. However, when Shrimati Mandwilkar or her sisters were born, the above mentioned Act was not in existence at all ...

Dec 15 2004

Dhani Ram Chaudhary Vs. State of Haryana and Anr.

  • Decided on : 15-Dec-2004

Court : Punjab and Haryana

Reported in : (2005)139PLR453a

... birth.2. It is the case of the petitioner, that during the process of obtaining certified copies of certain revenue record, the petitioner came to know that the date of his birth recorded in the birth certificate maintained under the Births, Deaths and Marriages Registration Act, 1886, was 6.11.1947. On realising the aforesaid date of birth as his genuine date of birth ... birth recorded in the birth certificate maintained under the Births, Deaths and Marriages Registration Act, 1886, was 6.11.1947. On realising the aforesaid date of birth as his genuine date of birth, the petitioner served a legal notice dated 10.3.2004, requiring the respondents to effect a change in the service book so as to substitute 6.11.1947 as his rightful date of birth ... birth certificate maintained under the Births, Deaths and Marriages Registration Act, 1886, was 6.11.1947. On realising the aforesaid date of birth as his genuine date of birth, the petitioner served a legal notice dated 10.3.2004, requiring the respondents to effect a change in the service book so as to substitute 6.11.1947 as his rightful date of birth (which was depicted in the birth ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //