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Birth certificate issued by muncipal authority without follo

 

Birth certificate issued by Muncipal authority without following procedure laid down in registration of birth Act is not valid

 

It further appears that, the petitioner herein, has raised specific ground in the appeal that, in the certificate which is placed on record by the respondent No.1 herein dated 5th February, 2010 issued by the Sangamner Municipal Council, Sangamner, there is no mention of the information that, on whose instance the said entry about birth of Sarthak, has been taken,
and there is no signature of the person who has given the said information about the birth. Therefore, the said certificate cannot be relied upon, since it has no presumptive value as per the provisions of Section 114 of the evidence Act. However, said contention has not been considered at all. The appellate authority has not considered the provisions of Births, Deaths and Marriages Registration Act, 1886. When such contention was raised by the petitioner, the authorities were bound to refer to the provisions of Section 19 to 22 of the above mentioned Act. . The petitioner has placed on record the copy of the certificate at Exhibit-B on Page-19 of the compilation of the writ petition, and upon perusal of the said certificate, it is abundantly clear that, there is no mention in the said certificate, on whose instance, the said entry has been taken. The said certificate is also not signed by any person, on whose instance, such entry of birth of Sarthak is taken. Though the


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 1 Replies

Rajesh Kulkarni (Advocate)     27 December 2012

 

Hi Beni Prasad,

 

What are your facts… explain in brief. The material provided by you is the decision which cannot be contested at this juncture, unless you put your facts

Be specific about your facts.

 

Rajesh Kulkarni

7799116901


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