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Apr 07 1987 (HC)

State of Karnataka Vs. T. Srinivas

Court : Karnataka

Reported in : (1987)IILLJ462Kant

..... is to get an adjudication under the act. (4) if the right which is sought to be enforced is a right created under the act such as chapter va, then the remedy for its enforcement is either section 33c or the raising of an industrial dispute, as the case may be.' 18. whether the registration of births and deaths act, 1969 is a complete code by itself providing ..... to deny it being involved.' accordingly to the learned judge, the remedy for the plaintiff in such a case was to approach the authorities constituted under the registration of births and deaths act, 1969, and the karnataka registration of births and deaths rules and in this view of the matter, the learned judge observed : cannot, in law, be permitted to bypass the aforementioned provisions and approach the ..... the remedy that the plaintiff had sought for in the civil court should have been a matter for consideration before coming to the conclusion that the jurisdiction of the civil court is ousted by virtue of the provisions of this act and the rules framed by ..... courts under section 9 of the code. on a proper examination of this act, it is not even possible to come to the conclusion that the remedy of the plaintiff is optional and that he has the choice of either approaching the civil court or to approach the other statutory authorities. that act is a regulatory act providing for the registration of births and deaths and .....

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Apr 07 1987 (HC)

State of Karnataka and anr. Vs. T. Srinivas

Court : Karnataka

Reported in : AIR1988Kant67; ILR1987KAR1843; 1987(1)KarLJ387

..... is to get an adjudication under the act. (4) if the right which is sought to be enforced is a night created under the act such as chap. va then the remedy for its enforcement is either s. 33c or the raising of an industrial dispute, as the case may be.' 17. whether the registration of births and deaths act, 1969 is a complete code by itself providing ..... except under ' the act. - notwithstanding anything' contained in any law or any judgment, decree or order of any court or other authority, no alteration of-the age or date of birth of a state servant as accepted and ..... year from the commencement of that act whichever is later. that application will have to be considered by the officer appointed by the state government as provided for under s. 5(3) of that act. the jurisdiction of the civil court is expressly taken away under section 4 of that act for a limited purpose. section 4 of that act-reads as under:'4. bar of alteration of age ..... legal status. a contrary view would be opposed to jurisprudential concept of status.by way of illustration, we shall take the cases that may arise under the indian majority act. section 3 of that act reads as under:'3. age of majority of persons domiciled in india. subject as aforesaid, every minor of whose person or property, or both, a guardian, other than .....

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Jul 08 1985 (HC)

State of Karnataka Vs. Vishwanatha Rao

Court : Karnataka

Reported in : ILR1985KAR2460

..... (2) extract from the birth register; (3) affidavit sworn to before a judicial magistrate ; (4) extract from the service register and so on. when a person is born, the birth is reported as per the rules framed by the various states under the births, deaths and marriages registration act, 1896 (act no.6 of 1896). this act has given place to registration of births and deaths act, 1969. different states have framed rules ..... records would also be forwarded. if a person appears as a private candidate, he has the choice of providing his date of birth and supporting the same in one of the methods provided in section 43 of the act.12. i have already shown that the two questions formulated as substantial questions of law are not in fact involved in this appeal ..... relation of the claimant........'the bombay high court has, in the decision in shantha shamsheer - v. - kamani bros. : air1959bom201 while dealing with the provisions of section 42 of the specific relief act, 1877, held that legal character has been taken to mean legal status, a phrase known to jurisprudence. it has observed as follows:-'when the legislature used the phrase ..... 'legal character' in the said two sections (i.e., section 42 of the specific relief act and section 41 of the indian evidence act) it is legitimate to assume that the legislature was using the same in respect of some known legal concept and the context in .....

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Jun 01 2004 (HC)

G.V. Srinivasa Iyer Vs. Khaiser Jahan

Court : Karnataka

Reported in : 2004(6)KarLJ556

..... it is a concocted document. the trial court considered this and found that the death was registered on 15-11-1985. the trial court found that since there was delayed information regarding the death, as per section 13 of the registration of births and deaths act, 1969, affidavit should have been filed explaining the delay. defendant has not produced such affidavit ..... to the property.9. so far as the title of the plaintiff is concerned, the grant of the land in favour of rahimabi on 2-4-1970 is after the expiry of the non-alienation period stipulated in the grant certificate. so far as possession is concerned, on the basis of ..... such application for grant of land.8. the trial court elaborately considered the title of rahimabi and found that she was granted the land on 2-4-1970 with a condition that it shall not be sold for a period of 15 years. prima facie, she ought not to have sold the ..... by her in favour of the plaintiff. he categorically stated the sale of property by her to the plaintiff. in addition to these, p.w. 4 has stated that his mother sold the property to the plaintiff. considering both documentary and oral evidence on record, the trial court answered issue no. 1 ..... the plaint averments and seeking dismissal of the suit. she claims to have purchased the property in the year 1971 and is in possession of the land.4. during the pendency of the suit, the plaintiff sought additional prayer for declaration of title, for which the defendant filed additional written statement. on the .....

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Aug 06 2003 (HC)

Smt. Devamma Vs. Registrar of Births and Deaths

Court : Karnataka

Reported in : AIR2004Kant221; ILR2003KAR4787

..... covered by the provisions of the present act, stand repealed. if there are other provisions made in 1886 act which are not covered under the present act, they continue to remain in force. in so far as the provisions relating to registration of births and deaths, they are contained in section 8 of the present act. (the registration of births & deaths act, 1969), which reads as under:-'8(1) ..... time that the petitioner faced difficulties.3. under the provisions of the registration of births and deaths act, 1969 ('the act' for short), particularly section 8 of the act, intimation of birth and death is required to be furnished to the registrar of births and deaths with particulars as indicated in this section. section 8 of the act reads as under -'8(1) it shall be the duty of the ..... the petitioner submits that the order passed by the magistrate is not in consonance with the provisions of the act, that the magistrate has misread and misunderstood the provisions of section 13(3) of the act; that the registration of births and deaths act, 1969 is the only legislation which holds the field as of now in respect of issue of certificates evidencing ..... such person as may be prescribed' 4. intimation of death under section 10 is required to be furnished by the person responsible within a period of seven days from the date of death as per rule 7 of the registration of births and deaths rules ('the rules' for short) and as provided under section 10 of the act, in respect of intimation which is beyond .....

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Jan 21 1976 (HC)

H. Subba Rao Vs. the Life Insurance Corporation of India and anr.

Court : Karnataka

Reported in : ILR1976KAR800; 1976(1)KarLJ289

..... no positive result.3. the petitioner, thereupon, took a very ingenious course. he approached the magistrate, under section 13(3) of the registration of births and deaths act, 1969, ('the act'), requesting the magistrate to issue a direction to the registrar of births and deaths, bangalore, to register the date of his birth as '15-6-1917'. on that application, the magistrate made a summary enquiry. he considered the certificate ..... to know the basis upon which the said entry was made in the school register. on 6-1-1971, it asked the petitioner to submit a birth certificate from the registration authorities at the place of birth. the petitioner, by his reply dated 11-1-1971, pleaded his inability to produce such certificate oil the ground that he was born in a small ..... be accepted. it is an accepted principle that an entry in the register of births is not conclusive evidence of the disputed date of birth. so also, an entry made pursuant to the direction of the magistrate, under section 13(3) of the act.section 13(3) of the act provides:'any birth or death which has not been registered within one year of its occurrence, shall be ..... .you will therefore please note that, you will retire from the service of the corporation on 6-2-76, as per our notice dated 17-5-1975 issued to you.'4. the petitioner has, now, moved this court under article 226, praying for the following two reliefs:(i) a writ in the nature of certiorari or any other appropriate writ or .....

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Nov 16 1994 (HC)

B.G. Gangadharappa Vs. Tahsildar, Soraba Taluk, Soraba

Court : Karnataka

Reported in : 1995CriLJ2820; ILR1994KAR3509; 1995(1)KarLJ258

..... .2. the petitioner filed a petition in c. misc. 20/87 under section 13(3), of the registration of births and deaths act, 1969 ('the act' for short) read with rule 10(3) of the karnataka registration of births and deaths rules 1970, praying for a direction to the village accountant of amachi village to register the death of his mother-in-law smt. gowaramma, wife of narayanappa at amachi on ..... functions to be discharged by the magistrate while dealing with an application under section 13(3) of the act are judicial in nature or whether that function was executive in nature. i do not think that sub-section (3) of section 3, is controlled by sub-section (4), of that section. so far as sub-section (3) is concerned where-ever there is a reference to magistrate of ..... the first class referred to therein is an executive magistrate. as such by virtue of section 3(3), cr.p.c. the magistrate first class referred to in the act and rules must be taken to be judicial magistrate first class.11. with reference to sub-section (4), of section 3, cr.p.c. some arguments were advanced on the question as to whether the ..... to a case where there is only a reference to the magistrate and not magistrate of the first class in any other law. it may also be noted that sub-section (4) is not restricted in its applicability only to a law enacted prior to the 1973 cr.p.c. it is applicable generally to all laws other than this cr.p .....

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Aug 04 2000 (HC)

State of Karnataka Vs. Smt. Annakka

Court : Karnataka

Reported in : ILR2000KAR4770; 2001(3)KarLJ401

..... order1. the revision is directed against the order of the learned magistrate passed under section 13(3) of the registration of births and deaths act, 1969 ('act' for short). the applicant, smt. annakka sought an order of the learned magistrate under section 13(3) of the act with regard to registration of birth of her son, soogappa. sri bhavani singh, learned high court government pleader submits that except the statement on oath ..... decision:'. ... it is an accepted principle that an entry in the register of births is not conclusive evidence of the disputed date of birth. so also, an entry made pursuant to the direction of the magistrate, under section 13(3) of the act'.section 13(3) of the act provides:'any birth or death which has not been registered within one year of its occurrence, shall be registered ..... of sri bhavani singh, learned high court government pleader, appears to be on the footing that the moment the learned magistrate passes an order under section 13(3) of the act, the correctness of the date of birth of the child concerned gets adjudicated upon, and that for all purposes, it will be taken that a competent court has adjudicated upon the correctness ..... above, should not be seriously objected to merely because the learned magistrate found only the statement on oath of the applicant, mother as sufficient to verify the correctness of the birth.4. petition dismissed. .....

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Oct 13 1992 (HC)

Seetarama Shetty Vs. Visweswarayya Iron and Steel Ltd.

Court : Karnataka

Reported in : ILR1992KAR3392

..... status. therefore, jurisdiction of the civil court, according to the said decision, is not ousted even by application of the provisions of the registration of births and deaths act, 1969 and the rules made thereunder.8. admittedly, there are no statutes, rules and regulations or standing orders governing the service conditions of the employees ..... this respect, : air1970sc802 , rel. on'14. therefore, in view of the ruling of the supreme court, having regard to the provisions of section 141 c.p.c., there is no bar for this court to grant reliefs, in exercise of the powers under article 226, in favour of the ..... on an earlier occasion when the petitioner appeared for a similar examination in 1979, he gave his date of birth as 1.4.1952 as mentioned in the secondary school leaving certificate and was accepted and entered in the records of the commission as the date of ..... annexure-d. hence this petition.3. respondent-1 contested the writ petition by filing a detailed statement of objections opposing the prayer of the petitioner.4. i heard sri p. vishwanatha shetty, learned counsel appearing for the petitioner and sri subba rao, learned counsel for sri prabhakar, learned counsel ..... , bangalore, the deputy director of public instruction, dakshina kannada, mangalore and m/s vishweshwarayya iron and steel limited, bhadravathi, as defendants 1 to 4 respectively. that suit came to be contested by the defendants. on consideration of the evidence on record, the learned munsiff decreed the suit as prayed .....

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Sep 21 1994 (HC)

Khatalsaheb Wd. Khadirsaheb Inamdar Vs. Ameersaheb

Court : Karnataka

Reported in : I(1995)DMC245; ILR1995KAR78; 1995(1)KarLJ663

..... is 1.8.1922. exhibit p2 bears the seal of the tahsildar, khanapur. therefore, it can be presumed that it is an extract from the register of births and deaths issued under the registration of birth and death act 1969. this exhibit p2 will be admissible in evidence to show that a person by name khadar vallad gousumia inamdar died on 1.8.1922. but, on the ..... are matters extraneous to what is strictly enjoined upon the officer to record.'13. the law in this regard can be summarised as follows:-birth and death extracts can be admissible in evidence under section 35 of the evidence act to show that a particular person by that name mentioned in the document was either born or dead on that particular day, but, in ..... certified copy of extract is admissible under sections 74 and 77 of the indian evidence act to prove the contents of such public document.10. the learned counsel for the appellants also relied on bishwanath gosain v. dulhin lalmuni and ors 4. : air1968pat481 ., wherein the patna high court has held as follows:-'the entries in birth and death register are public documents and are admissible ..... under section 35 of the evidence act and it is not necessary to prove who made the entries and what was the source of .....

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