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Search Results Judgments > 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 ...

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 ...

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 ...

Dec 09 2003

Siddaramappa and Ors. Vs. Smt. Gouravva

  • Decided on : 09-Dec-2003

Court : Karnataka

Reported in : AIR2004Kant230; ILR2004KAR3611

... after the registration of the adoption deed the Will came to be written. He is unable to say at what time the Will was written. He states that the Will is not registered. He admits that Basavannappa was not keeping good health for a period of one year prior to his death. He ... adoption is registered in accordance with law under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter for short referred to as 'the Act'), a statutory presumption do arise to the effect that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved and, therefore ... belonging to the adoptive parents. Thus, the adoption affects the rights of a Hindu wife in the property of her husband. When a wife gives birth to a child whether she likes the child or not, law recognizes her as the mother of the said child and the said child as ... affixed the signature after the testator it is not forthcoming how the three signatures have come immediately after the alleged signature of the testator. DW 4 another attesting witness to the Will namely Totappa Basappa Ullagaddi has categorically stated in cross examination that in his presence no one else has attested the ... requires to be set aside.9. Per contra, the learned counsel for the plaintiff-respondent submits under Section 16 of the Act a presumption would arise only if the requirement of law as contained in Sections 6 and 7 has been complied with. In the instant case admittedly the consent of the wife, ...

Jan 19 2006

A. Chidananda (Deceased) by L.Rs. and Anr. Vs. Smt. Lalitha V. Naik an ...

  • Decided on : 19-Jan-2006

Court : Karnataka

Reported in : AIR2006Kant128; 2006(2)KarLJ67

... death of the father, after the commencement of the Hindu Succession Act, 1956, the father's interest would devolve on his heir and the property held by such heirs is not as joint tenants but it will be as tenants in common.12. In Yudhishter's case referred above, while referring to Section 8 of the Hindu Succession Act ... time of registration of the sale deed and defendant J. executed the sale deed as a guardian of the plaintiffs also. Stating that defendant 1 cannot alienate the plaintiffs share when they were minors without the permission of the Competent Court and that defendant 1 actually has not acted in ... included the properties which they have purchased in Amar Mudnoor Village. Further, it is his contention that plaintiffs have to prove their date of birth as in the month of January 1989 it was represented by plaintiffs and defendants 1 and 2 that they are majors and as such ... P. Govinda Reddy and Ors. v. Golla Obulamma : AIR1971AP363 ;Yudhishter v. Ashok Kumar : [1987]1SCR516 Accordingly, she prayed for setting aside the orders of the Court below.--4. Per contra, Counsel for the respondent vehemently contended that it is a collusive suit between the plaintiffs and defendants 1 and 2 to see ... the learned Counsel that, as per Section 8 of the Hindu Succession Act, the respective share of 1st plaintiff and 2nd defendant in the undivided interest of the joint family is the property that is to be inherited through their father Vasudeva Naik on his death and has to be treated as ...

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 ... 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 ... 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 16 1966

Commissioner of Income-tax, Mysore Vs. Roopchand Seshmull

  • Decided on : 16-Sep-1966

Court : Karnataka

Reported in : ILR1967KAR446; [1968]69ITR868(KAR); [1968]69ITR868(Karn); (1967)2MysLJ31

... Act her limited estate became transformed into full estate with all its incidents including that of its passing to her heirs in accordance with section 15 of the Act.' To repeat, the estate obtained by a Hindu widow under section 3(2) of Act 18 of 1937 is a statutory estate. It is defined and fixed. It is not affected by subsequent births or deaths ... section 26A of the Act; on October 17, 1956, Anoop Kunwar adopted Jugraj as a son to her deceased husband; the Hindu Succession Act came into force on June 17, 1956; Gattu Bai died on August 9, 1959; on September 5, 1959, a partnership was entered into between Jugraj and his adoptive mother, Anoop Kunwar; that partnership applied for registration under section 26A of the Act ... 4. The parties before us are governed by Hindu Mitakshara law. The adoption of Jugraj to Seshmull which took place on October 17, 1956, in law dates back to the date of death ... section 15 of the Act.' To repeat, the estate obtained by a Hindu widow under section 3(2) of Act 18 of 1937 is a statutory estate. It is defined and fixed. It is not affected by subsequent births or deaths in the family. The interest of the widow in the property of the family of her husband is determined as on the date of death ...

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