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Search Results Judgments > Act:Births, Deaths and Marriages Registration Act, 1886 Court:Madhya Pradesh

Jul 31 2012

SMT. BASANTI BAI Vs. SMT. PREMWATI BAI

  • Decided on : 31-Jul-2012

Court : Madhya Pradesh

... duties under the Registration of Births and Deaths Act, 1969 is admissible under section 35 of the Evidence Act and it is not necessary for the prosecution to examine its author and, therefore, I have no hesitation in holding that the election tribunal was not correct and has gone wrong in ignoring the certificate produced by the petitioner under the Registration of Births and Deaths Act, 1969 and relying ... of birth mentioned by the school to record a finding to the effect that the date of birth of the petitioner was 15.1.1990 and No.9.12.1988.5. It is also contended that the petitioner and her relatives are all tribals and are illiterate and uneducated and usually their names are changed after 4 W.P No.9516/2011 marriage ... her name recorded as Basanti Bai and her date of birth as 15.1.1990 which is not her correct date of birth. He has also stated that her correct date of birth is 9.12.1988 which has been recorded and certified by the competent authority under the provisions of the Registration of Births and Deaths Act, 1969. 18 W.P No.9516/2011 23. In ... clear terms has held that the certificate issued by the competent authority under the Registration of Births and Deaths Act, 1969 would prevail over the certificates issued by the school authorities. The Supreme Court, in the case of CIDCO (supra) has held in para 18 as follows:- 18. The deaths and births register maintained by the statutory authorities raises a presumption of correctness. Such entries made ...

Sep 27 2001

Daljeetsingh and Ors. Vs. Hardeepsingh and Ors.

  • Decided on : 27-Sep-2001

Court : Madhya Pradesh

Reported in : 2003ACJ727; 2002(1)MPLJ110

... of love and affection on account of the death of their mother. Another sum of Rs. 40,000 was claimed by the appellant Nos. 2 and 3 on account of untimely death of their mother as they claimed to have been deprived of higher education and marriage in a higher family. A further amount of ... motor vehicle, a jeep bearing registration No. MP 06-B 6446, Shyama Bhadoria, the wife of appellant No. 1 and the mother of appellant No. 2, aged 3 years and appellant No. 3, aged 5 years, had met her untimely death. The deceased at the time of her death was aged about 26 years and ... deceased, had been appointed as an Assistant Teacher in Shivdarshan Madhyamik Vidyalaya, Gingarkhi (Mehgaon) on 28.6.94. In her service-book the date of her birth as recorded was 6.7.1973. She had passed the Intermediate examination in the year 1989 from Arts group and had an experience of three years ... determine the amount of compensation taking into consideration the notional income as provided for under the Schedule referred to in Section 163A of the Motor Vehicles Act. The notional income of the deceased was held to be Rs. 1,500 per month. The Tribunal further found that the husband of the deceased was ... on account of untimely death of their mother as they claimed to have been deprived of higher education and marriage in a higher family. A further amount of Rs. 50,000 has been claimed for the loss of amenities, happiness, guidance from which appellants stood deprived of on account of the death of Shyamadevi. An ...

Apr 10 2013

RAMLAL KOL Vs. MOTI KASHYAP @ MOTILAL

  • Decided on : 10-Apr-2013

Court : Madhya Pradesh

... The respondent, all along, had knowledge as to (a) his native place (b) caste of his parents (c) birth register and school record and (d) points of distinction between Majhi and Dheemar Caste in relation to trade, deity, ritual, custom, mode of marriage, death ceremonies and mode of burial etc. but he failed to lead cogent evidence regarding these facts.33. Thus, ... cross-examined at length by learned counsel for the respondent but nothing favourable could be elicited. He categorically denied the suggestion that the caste certificates were being issued even without registration of corresponding cases. According to him, as per the prescribed procedure, any case based on application for issuance of caste certificate had to be registered in Revenue Register not ... According to the petitioner, the election deserves to be declared as void simply because the respondent was not having requisite qualification within the meaning of Section 5(a) of the Act, for being chosen to the seat, that was reserved for the Scheduled Tribes of Madhya Pradesh. Alleging categorically that the caste certificate submitted by the respondent in support of ... fresh cause of action arising out of subsequent election. An election petition filed, though it abates on the death of the petitioner therein, could be pursued by another person coming forward to prosecute that election petition as enjoined by S. 112 of the Act. But that does not make an election petition a representative action in the sense in which it ...

May 10 2000

Suresh Chandra Sharma and Ors. Vs. State of M.P. and Ors.

  • Decided on : 10-May-2000

Court : Madhya Pradesh

Reported in : 2000(4)MPHT12; 2000(2)MPLJ530

... cost and having such water analysed periodically;(m) naming streets and parks and numbering houses;(n) registering births, marriages and deaths;(o) public vaccination;(p) providing suitable accommodation for any calves, cows or buffaloes required within the Municipal limits for the supply of animal lymph;(q) registration of cattle and carrying out the census of agricultural cattle at such intervals as may be prescribed ... and fees which essentially is the function of the State.17. At this stage we also consider it appropriate to examine certain other provisions contained in the Municipalities Act. Section 100 of the Act provides for vesting of the property in the Council under which all public town-walls, gates, markets, slaughter-houses, manure and night-soil depots and public buildings, all ... been appointed by Government, though provisionally under Section 89 (1) of the Act, he had become Government Servant from the date of his appointment and as such fundamental rules were applicable in his case. The question arose on account of the fact that the change of the date of birth accorded in favour of the petitioner was not approved, upon reference to ... within the city or not;(e) a toll on vehicles and animals used as aforesaid entering the city but not liable to taxation under Clause (d);(f) fees on the registration of cattle sold within the city;(g) market dues on persons exposing goods for sale in any market or in any place belonging to or under the control of the ...

May 14 2009

Tabassum Bano (Smt.) Vs. State of Madhya Pradesh and Ors.

  • Decided on : 14-May-2009

Court : Madhya Pradesh

Reported in : 2009(4)MPHT215

... v. Siddireddy Satyanarayana and Ors. : AIR 1983 Andhra Pradesh 257, wherein the learned Single Judge after referring to Section 33 of the Evidence Act and Section 75 of the Indian Registration Act eventually came to hold as follows:A reading of this section makes it clear that it is not only the evidence given ... (Sections 260-261), e.g., a stranger (p), but the right revives on the dissolution of the marriage by death or divorce (q); or(2) if she goes and resides, during the subsistence of the marriage, at a distance from the father's place of residence; or(3) if she is leading an immoral ... the conduct reeks with malafide. It is setforth that it is difficult to conceive that the petitioner who was mentally unsound at the time of birth of the child has become normal without production of proper certificate. Reference has been made to the deposition of the sister of the petitioner and ... ) It is stated in the return that the petitioner's parents did not like the love marriage of the petitioner with his deceased wife. They would, therefore, have hardly any affection for the boy, who owes his birth to that lady, (ii) The respondents have asserted in the return that the petitioner demanded Rs. ... the clinic of one Dr. Sandhya Gupta. A birth certificate in that regard has been brought on record as Annexure P-1. A further document, namely, ' Jachcha Bachcha Raksha' card has also been brought on record as Annexure P-2. Due to the death of her husband, the petitioner suffered from depression ...

Mar 30 2005

Than Singh and Ors. Vs. The State of Madhya Pradesh

  • Decided on : 30-Mar-2005

Court : Madhya Pradesh

Reported in : AIR2005MP170; 2005(2)MPLJ353

... to be of national importance, grazing lands and other lands vesting in or under the control of the Gram Sabha;(bb) maintenance of records of births, deaths and marriages;(cc) rendering assistance in the census operation and in the surveys conducted by the State Government or Central Government or any other local authority ... 'Gram Sabha' has also been defined under Section 2 (viii) of the Act to mean a body consisting of persons registered in the electoral rolls relating to a revenue village or forest village. Section 5 of the Act deals with registration of voters of a village. Section 6 deals with meeting of Gram ... revenue village or forest village. Section 5 of the Act deals with registration of voters of a village. Section 6 deals with meeting of Gram Sabha. Section 6-A deals with special meeting of Gram Sabha and Section 6-B of the Act lays down a postulate that the Secretary of the ... registration of voters of a village. Section 6 deals with meeting of Gram Sabha. Section 6-A deals with special meeting of Gram Sabha and Section 6-B of the Act lays down a postulate that the Secretary of the Gram Panchayat shall also be the Secretary of the Gram Sabha. Section 6-C of the Act ... and Scheduled Tribes (Prevention of Atrocities) Bill, 1989, when it was introduced in Parliament. It sets out the circumstances surrounding the enactment of the said Act and points to the evil which the statute sought to remedy. In the Statement of Objects and Reasons it is stated:--'Despite various measures ...

Mar 25 1991

Nathasingh Ratansingh Raghuvanshi Vs. Jagannathsingh Maharajsingh Ragh ...

  • Decided on : 25-Mar-1991

Court : Madhya Pradesh

Reported in : 1994(0)MPLJ209

... 232, that' it approved and valid form of marriage.17. Case-law cited at the Bar by counsel has to be referred, to do justice to their labour. Appellants' counsel has cited Purnima Debi, AIR 1962 SC 567, to support his contention that mere registration of a Will will not, by itself, be ... he had filed cases against him because after Jagannath Singh's birth, Maharaj Singh had not given any share in the property to him and his brother Amar Singh. They were claiming their shares. He admitted that till Maharaj Singh's death which took place after a month of execution of the ... from examining the conflicting opinion of the two handwriting experts myself in detail and I have discharged my own duty contemplated under Section 73, Evidence Act. As held in Fakhruddin, AIR 1967 SC 1326, the Court may accept the Expert's opinion when it is satisfied itself by examining the disputed ... of 135 bighas of land made in Jagannath Singh's favour. After Maharaj Singh contracted Natra marriage with Jagannath's mother, she continued to live with him till his death, in his house. After Maharaj Singh's death, Jagannath Singh is possessing that house and also the entire lands of Maharaj Singh. ... that marriage, a daughter was born. Thereafter, Maharaj Singh contracted a Natra marriage with Suraj Bai and through her, Jagannath Singh (respondent) was born, during the life time of Maharaj Singh's first wife. Till Maharaj Singh's death, Suraj Bai lived with him and Jagannnath Singh also. After Maharaj Singh's death, ...

May 02 2013

SITARAM DUBEY & ORS. Vs. SMT. RAINA BAI

  • Decided on : 02-May-2013

Court : Madhya Pradesh

... the Registrar has not been examined. There is no endorsement in the Will by the Registering Officer as required by Section 58 of the Registration Act not is there any statement to the effect that Kaushalya Bai was of sound mind and that the Will was read out to and ... marriage followed by long cohabitation, treatment as husband and wife, giving birth to children out of the relationship and proof of the fact that the spouses had no subsisting earlier marriage, then it would give rise to a presumption under section 114 of the Evidence Act, of a valid marriage.11. In the instant case, in the absence of any assertion of a legal marriage ... Dubey, defendant/respondent no.10 and Tikaram were jointly in possession of Khasra No.50, Area 3.994 Heactares of village Khairi. After the death of Tikaram about 20-25 years prior to filing of the suit, the plaintiff/respondent no.1 Manaklal, Rameshwar Prasad Dubey, defendant no. ... Act, of a valid marriage.11. In the instant case, in the absence of any assertion of a legal marriage with Tikaram and on the contrary a clear admittance on the part of Kaushalya Bai herself in the Will that she is the widow of Ramdhani and the keep of Tikaram, a presumption of a legally valid marriage ... on the basis of the undenied and undisputed long cohabitation, cannot be accepted in the absence of any assertion of a legally valid marriage. The decisions of the Supreme Court in the cases of Sibha Hymavathi Devi (supra) and Tulsa & Others (Supra) relied upon by the learned ...

May 15 2013

SURENDRA SINGH BAGHEL Vs. THE STATE OF MADHYA PRADESH

  • Decided on : 15-May-2013

Court : Madhya Pradesh

... where there is of reliable evidence on record to show that the date of birth was recorded in the school register on the basis of the statement of any responsible person, the requirement of S.35 of the Evidence Act stands satisfied ..11. This apart, as propounded by a three-Judge Bench decision ... accompanied the accused willingly. Gabbu had allegedly persuaded the prosecutrix, who was a married woman and was not able to beget child after 10 years of marriage, to accompany so that they could administer the medicine to her and that did not ipso facto prove the fact that from the very beginning ... the medical evidence and other evidence available on record as to age of the prosecutrix.8. In Premwati s application (Ex.P-21) leading to registration of a case of missing person at Police Station Laur, age of the prosecutrix (PW11) was reflected as 16 years whereas in her deposition recorded ... have conducted the performance of last rites by Sampat Kumar as to cremation of Rani Gupta, the mother of Sampat Kumar Gupta (DW3) at Allahabad whose death certificate was also issued from the office of Sub- Registrar, Janpad Panchayat Mauganj. As rightly pointed by learned trial judge, plea of alibi raised by ... also the affidavit of the father (here evidence on oath) stating the date of her birth and the statement of Kaniz Fatima to the police with regard to her own age. These amounted to evidence under the Indian Evidence Act and the entries in the School Registers, were made ante litem motam"12. ...

Apr 16 2013

SMT.PUSHPARANI DANA AND ORS. Vs. THE STATE OF M.P.

  • Decided on : 16-Apr-2013

Court : Madhya Pradesh

... no.2 had entered into re-marriage and has became totally reluctant of the proceedings of the case and proceedings of this petition as well. Petitioners never denied due rights of respondent no.2 as accrued to her as a result of untimely death of her husband, but registration of criminal case is an abuse ... in next breath she made accusation against some other person to be responsible for her pregnancy. During investigation, date of birth of prosecutrix was found to be 05/03/1994 and date of birth of petitioner was found 7 M.Cr.C.No.1027/2005 to be 10/10/1996. According to FIR, fiRs ... and then FIR was lodged. A boy of 12 years would commit rape with a girl two years elder to him and continue to commit such acts for months together appears to be absurd and unnatural story. There is sufficient material available on record to show that under some wrong impression and as ... joint family in the event of death of the husband and amount given i.e Rs.50,000/- found to be too less was the cause of FIR in this case. During couRs.of arguements, it is further submitted that respondent no.2 had entered into re-marriage and has became totally reluctant of ... Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to prosecution on 26/04/2009 prosecutrix, aged about 15 yeaRs.lodged a report at police station AJJAK, District Sidhi that since October, 2008 till date, petitioner is indulged in sexual relations under promise of marriage with her, has resulted in pregnancy of 7 ...

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