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Judgment Search Results Home  Phrase:registration of births and deaths act 1969 section 4  Court:karnataka

Apr 07 1987

State of Karnataka and Anr. Vs. T. Srinivas

  • Decided on : 07-Apr-1987

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 ... 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 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 ... to deny it being involved.' According 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:'He cannot, in law, be permitted to bypass the aforementioned provisions and approach ... Registration of Births and Deaths Act, 1969 is a complete code by itself providing 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 the State Government under this Act ...

Aug 06 2003

Smt. Devamma Vs. Registrar of Births and Deaths

  • Decided on : 06-Aug-2003

Court : Karnataka

Reported in : AIR2004Kant221; ILR2003KAR4787

... Act which is now covered by the provisions of the present Act, stand repealed.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 ... 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 ... death certificate evidencing the factum of the death of her husband. It was at this point of 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 ... 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 the factum of a birth or death under this Act and the question of rejecting a request for recording the date of death ...

Apr 07 1987

State of Karnataka Vs. T. Srinivas

  • Decided on : 07-Apr-1987

Court : Karnataka

Reported in : (1987)IILLJ462Kant

... Act, then the only remedy available to the suitor 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 ... 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 ... Registration of Births and Deaths Act, 1969 is a complete code by itself providing 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 the State Government under this Act ... person's age is declaration of his status and that the jurisdiction of the Civil Court is not ousted either expressly or impliedly by the provisions of the Registration of Births and Deaths Act and the Rules framed thereunder. We may also add that the decisions on which Kulkarni, J. relied, while making the order of reference do not directly deal ...

Jul 08 1985

State of Karnataka Vs. Vishwanatha Rao

  • Decided on : 08-Jul-1985

Court : Karnataka

Reported in : ILR1985KAR2460

... 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 under the provisions of this Act ... the other is for a student to appear privately. The first part of it is governed by Section 44, 45 and so on of the Act and the second part is governed by Section 43 of the Act. Under Section 43 of the Act a person intending to appear as a private candidate for the examination has to apply to the Board ... 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 under the provisions of this Act. Karnataka State also has framed Rules. If by any chance an entry is not made in the Register of Births, ... into. It has been already pointed out that when a person is born, the date of birth and place of birth has to be informed to the concerned authority functioning under the Births, Deaths and Marriages Registration Act, 1896 and later on under the Registration of Births and Deaths Act, 1969. The power vested in the authorities to rectify or cancel or to make an entry when ...

Nov 16 1994

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

  • Decided on : 16-Nov-1994

Court : Karnataka

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

... to register the death of Smt. Gowramma on 25-1-1985.2. 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 ... 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 ... section (4), of Section 3, Cr.P.C. some arguments were advanced on the question as to whether the 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 ... 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 in any enactment passed prior to this Cr.P.C. it must automatically be taken to mean to be judicial Magistrate first class unless context of that Act otherwise ...

Oct 13 1992

Seetarama Shetty Vs. Visweswarayya Iron and Steel Ltd.

  • Decided on : 13-Oct-1992

Court : Karnataka

Reported in : ILR1992KAR3392

... 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 of respondent-1 Company. Therefore, the petitioner had no occasion to approach respondent-1 for correction or alteration of his date of birth under such provisions. That apart, ... hat the relief claimed by the plaintiff was beyond the scope of Section 34 of the Act, Section 34 is not exhaustive of all kinds of declaratory reliefs. In a proper case, therefore, independently of Section 34 of the Act, the plaintiff could have got the relief i.e., the declaration sought for under Section 9'of the Code.'Ultimately, it was held in T. ... 1991(2) L.L.N. 545 V.A. Damodaran v. E.I.D. Parry (India) Ltd.;(3) : AIR1991SC2251 Ghan Shyam Das Gupta and Anr. v. Anant Kumar Sinha and Ors.; (4) : AIR1988Kant67 State of Karnataka v. T. Srinivas;7. In order to appreciate the legal contentions urged by Sri Subba Rao, we must see, first of all, whether the Civil ... 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 of respondent-1 Company. Therefore, the petitioner had no occasion to approach respondent-1 for correction or alteration of his date of birth under such provisions. That apart, even the Karnataka State Servants (Determination of Age) Act ...

Jan 21 1976

H. Subba Rao Vs. The Life Insurance Corporation of India and Anr.

  • Decided on : 21-Jan-1976

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 ... found necessary to revise our decision already taken to admit your date of birth as 6-2-1916.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 ... 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 registered ... 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 only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed ...

Sep 21 1994

Khatalsaheb Wd. Khadirsaheb Inamdar Vs. Ameersaheb

  • Decided on : 21-Sep-1994

Court : Karnataka

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

... is any document Exhibit P2 is the death extract of one Khadar Vallad Gousumia Inamdar. The date of registration of the entry 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 ... 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 ... 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, ... has held that the Register of Births maintained by the Municipality is a public document and the 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 ...

Jun 01 2004

G.V. Srinivasa Iyer Vs. Khaiser Jahan

  • Decided on : 01-Jun-2004

Court : Karnataka

Reported in : 2004(6)KarLJ556

... Death Certificate Ex. D. 15 to show that Rahimabi died on 6-10-1985 itself. Plaintiff states that 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 ... 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. ... 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. Per contra, the Affidavit at Ex. P. 6 sworn to by Rahimabi on 10-5-1993 falsifies her death ... death of the vendor and to show that she was alive as on the date of execution of the sale deed, the plaintiff produced Ex. P. 17-Ration Card, Ex. P. 18-Voters List for the year 1993, Ex. P. 19 the application form for grant of LIC. P.W. 4 ...

Aug 04 2000

State of Karnataka Vs. Smt. Annakka

  • Decided on : 04-Aug-2000

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 ... 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. ... 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 ... 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 only on an order made by a Magistrate of the First Class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed ...

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