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Can childrens get mothers caste certificate in Karnataka

Page no : 2

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2018

The news of the Supreme Court judgment (not the judgment itself) , presumably cited by Mr. Siddharth Srivastav but not appearing here, refers to the caste of an upper caste woman who married a lower caste man and not to caste of a child of inter-caste marriage. Hence it is not correct citation.

Siddharth Srivastava (Advocate)     18 December 2018

The correction of spelling is highly appreciated but in India law is governed by law laid down by earlier Privy council and now Supreme court of India. Personal feeling, opinion of a person does not matter In law. The cited supreme court judgement is relevant in this regard.

Siddharth Srivastava (Advocate)     18 December 2018

The correction of spelling is highly appreciated but in India law is governed by law laid down by earlier Privy council and now Supreme court of India. Personal feeling, opinion of a person does not matter In law. The cited supreme court judgement is relevant in this regard.

Siddharth Srivastava (Advocate)     18 December 2018

The correction of spelling is highly appreciated but in India law is governed by law laid down by earlier Privy council and now Supreme court of India. Personal feeling, opinion of a person does not matter In law. The cited supreme court judgement is relevant in this regard.

Siddharth Srivastava (Advocate)     18 December 2018

The judgement is cited there. It laid down that what would be the affect of marriage between upper person with lower caste or visaversa. This was the remarkable judgement which removed all doubts. The relevance of judgement is looked in the light of facts of case and issue involved and not by "is" or "are". Legal person can understand it in right spirit.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2018

Has Privy Council laid a law for Hindus saying that child of an inter-caste marriage  will be the caste of the father?  They claimed to rely on Hindu scripttures and they were wrong. You had given a website address. It was news about a judgment pertaning to Karnataka, but not similar to this case.. Even before, I had cited a Supreme Court judgment, which was relevant to this case. But the appellant was in Gujarat.  The problem with case laws is that the executive does not automatically take care of it.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2018

Laws are made by the Legislatures and not by Privy Council or Supreme Court. When there is a lacuna in an existing law, when two or more laws are in conflict with each other, when a law is ultra vires the Constitution or when a law becomes outmoded with passage of time the Supreme Court pronounces the law, which becomes 'case law'. When there is no law they rely on things like scripttures. The Supreme Court cannot make a new law. It is the prerogative of the Parliament.

Siddharth Srivastava (Advocate)     18 December 2018

Yes, the supreme court has said specifically and the law is clear on this point. Pl. Check law on internet.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 December 2018

Repeating or asserting the same thing again and again will not make an incorrect citation correct.  The case cited by Adv. Srivastav was of an upper woman who married an SC man, claiming caste reservation. Here it is that of a child of inter-caste marriage, that too, in the opposite direction. The two are different. Anyway the querist has found the correct judgment. Though the litigants were in Gujarat, it is valid in Karnataka also.

Chandra shekar. S   20 December 2018

Dear Ramani madam,, I belong to OBC & my wife to SC,, moreover as your advice I went taluk office yesterday with my spouse provide the supreme Court order copy with my spouse caste certificate, income certificate & TC,, he rejected saying that supreme order was revoked in 2016 it stays cancelled on asking him does he have proof orders revoked he did not even bother to talk and said if you want to try apply application and assured that it will inspected by RI (Revenue inspector) named kavita,, assured defenetly it get rejected,, should I take some advocate with me or shall I first apply the application plz advice looking forward Regards

Siddharth Srivastava (Advocate)     20 December 2018

I request innocent people to be aware from quakes who has no knowledge of law but act and claim to be legal expert. Consult a lawyer with details.

Siddharth Srivastava (Advocate)     20 December 2018

I request innocent people to be aware from quakes who has no knowledge of law but act and claim to be legal expert. Consult a lawyer with details.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 December 2018

What quakes, earth-quakes? English is the language of law in India. Read the Constitution. Do you need help to locate the Article? A lawyer without the knowledge of English is like a Vedic scholar without the knowledge of Sanskrit. Innocent people consult only so called advocates with half-baked knowledge. They are mediocre, who failed in everything else, joined night school and got a law degree. They cannot read and understand even simple English. How can they understand judgments? They cannot meet even laymen like me. Instead of facing the argument they start calling names. Have grace and admit defeat.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 December 2018

@Chandra Sekhar 

I presume the official has not given you a written reply. Find out who is his senior officer and send an appeal to him with all documents. The problem in Government offices is that officers at lower levels cannot act on the basis of judgments. They will require a circular or order from appropriate level in or above their own departments. It is advisable that you take a good lawyer with you. It may even be necessary to go to court ultimately.

Siddharth Srivastava (Advocate)     23 December 2018

I am again thankfully to Dr.M.PS. Ramani, PH.D for correcting spelling mistake. The correct spelling is "quack". I again request the innocent people not to be trapped in net of quacks who has no knowledge in law but pretend to be legal expert without having basic knowledge and such quacks use to misguide the people making them confused. Only because a person read in day college does not mean that he/she is scholar. Even if a lawyer has read in evening college even then he is a lawyer but what about such people who neither have knowledge, not decree neither experience but pretend and impersonate to be "Expert".

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