Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate: Gujarat High Court
2 years, 11 months ago

Registration Of Births & Deaths Act | Registrar Has Power U/S 15 To Make Changes In Certificate: Gujarat High Court

Live Law  

The Gujarat High Court has allowed a writ petition seeking directions to the Registrar under the Registration of Births and Deaths Act, 1969 to issue a fresh Birth Certificate in the name of son of the Petitioner after making necessary correction in his date of birth. It was averred that the Respondent was authorised under Section 15 Rule 11 of the Registration of Births and Deaths Rules to make the necessary changes. To address this, the Court placed reliance on Natubhai Dharamdas Patel v. State of Gujarat and others wherein the Gujarat High Court had considered Section 15 of the Act of 1969 and Rule 11 of the Rules of 2004 and thereafter directed the Respondent authority for accommodating the request of the concerned Petitioner. In Nitaben Nareshbhai Patel v. State of Gujarat, the High Court had remarked: "The respondent No.2 has got powers for correction in relation to the entries and the name also and such correction or cancellation also comes within the purview of the powers under Section 15 of the Act.

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History of this topic

Maharashtra government amends birth, death registration laws to curb fake certificates
2 weeks, 3 days ago

Maharashtra government amends birth, death registration laws to curb fake certificates

New Indian Express  

In an attempt to curb fake registration of births and deaths by foreign nationals, the Maharashtra government on Wednesday amended the 'Birth and Death Registration Act of 1969' and 'Maharashtra Birth and Death Registration Rules of 2000' and issued a new notification. According to Maharashtra Revenue Minister and BJP MLA Chandrashekhar Bawankule, foreign nationals are taking undue advantage of loopholes …

Registrars will have to cancel birth certificates containing errors while issuing corrected ones: Karnataka High Court
3 weeks, 4 days ago

Registrars will have to cancel birth certificates containing errors while issuing corrected ones: Karnataka High Court

The Hindu  

The High Court of Karnataka has directed the State government to issue appropriate orders to Registrars of Births and Deaths to cancel the earlier birth certificate while issuing a new one after correcting errors. The necessary details about corrections in the birth certificate and cancellation of the earlier certificate would also have to be entered in the e-janma portal, the …

Karnataka High Court evolves procedure to allow change of name in birth certificate till law is amended
1 month, 2 weeks ago

Karnataka High Court evolves procedure to allow change of name in birth certificate till law is amended

The Hindu  

Taking note that the absence of a provision in law to change the name originally entered in the birth certificate is causing hardship to parents of minor children and even to adults, the High Court of Karnataka has permitted changing the name in birth register and certificates and evolved a procedure to carry out changes, till the State amends the …

Karnataka High Court Issues Procedure For Change Of Name In Birth Register Till Legislature Brings Appropriate Law
1 month, 2 weeks ago

Karnataka High Court Issues Procedure For Change Of Name In Birth Register Till Legislature Brings Appropriate Law

Live Law  

The Karnataka High Court has suggested to Legislature to consider amending Registration of Births and Deaths Act, 1969, permitting change of name in the birth register after it has been entered. In fact, it is a practice in our country that multiple names are given, but one name is entered in the records and this, at times, creates confusion regarding …

Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent
2 months ago

Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent

Live Law  

The Gujarat High Court on Thursday directed the Principal District Judge, Surat to inquire into the notarisation of two affidavits–filed to bring on record the heirs of an individual on record–and to ask the notary to explain the manner in which the affidavits were notarised in the absence of para-wise oath of the deponent. A division bench of Chief Justice …

Karnataka HC directs registrar to issue revised birth, death certificates for transgenders
3 months ago

Karnataka HC directs registrar to issue revised birth, death certificates for transgenders

Hindustan Times  

The Karnataka High Court, on Friday, instructed the Registrar of Births and Deaths to issue modified certificates for transgender individuals who have undergone gender reassignment. The court also recommended that the Karnataka Law Commission and the state government review the Transgender Persons Act, 2019, and propose necessary amendments to the 1969 Act and its Rules to align with the spirit …

Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC
4 months, 1 week ago

Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC

Live Law  

Observing that draft amendments with respect to factual assertions in the body of a writ petition are to made by moving an appropriate application with affidavit, the Gujarat High Court recently rejected the draft amendments sans application made in a matter which had been accepted by the court's Registry. The Registry ought not to have entertained the draft amendment filed …

Allahabad High Court Strikes Down 2004 Amendment To S.169(3) UPZALR Act Mandating Registration Of Wills
10 months, 2 weeks ago

Allahabad High Court Strikes Down 2004 Amendment To S.169(3) UPZALR Act Mandating Registration Of Wills

Live Law  

The Allahabad High Court has struck down the 2004 amendment to Section 169 of the U.P. Zamindari Abolition & Land Reforms Act, 1950 was amended to read as “Every will made under provisions of sub section shall, not withstanding anything contained in any law, custom or usage, ” The bench comprising of Justice Siddhartha Varma and Justice Ajit Kumar held …

Calcutta High Court Allows Rectification Of Child's Birth Certificate To Replace Biological Father's Surname With Step-Father's Surname
1 year ago

Calcutta High Court Allows Rectification Of Child's Birth Certificate To Replace Biological Father's Surname With Step-Father's Surname

Live Law  

The Calcutta High Court has recently allowed a plea moved by the mother of a minor child to replace the biological father's surname in the child's birth certificate with the name of the step-father.It was submitted that the child was born from her first marriage and that after the dissolution of that marriage, she remarried and moved out of the …

S.21 Registration Of Births & Deaths Act Doesn't Authorise Registrar To Compel Parents And Child To Undergo DNA Test: Kerala High Court
1 year, 1 month ago

S.21 Registration Of Births & Deaths Act Doesn't Authorise Registrar To Compel Parents And Child To Undergo DNA Test: Kerala High Court

Live Law  

The Kerala High Court has made it clear that a Registrar's power to call for information regarding birth or death under Section 21 of the Registration of Births and Deaths Act, 1969 does not extend to order DNA test of a newborn and its parents.Justice VG Arun criticised the Registrar of Cheranalloor Grama Panchayat for refusing to issue birth certificate …

Parents' Mistake Can't Deprive Child Of Birth Certificate For Eternity: Karnataka High Court
1 year, 6 months ago

Parents' Mistake Can't Deprive Child Of Birth Certificate For Eternity: Karnataka High Court

Live Law  

The Karnataka High Court has allowed a petition seeking a direction to the civic body to insert the petitioner's name in her birth certificate observing that 'a mistake by the parents cannot put the child at a disadvantage'. Upon considering the arguments, the bench observed, “The birth certificate which has been issued and produced at Annexure-A does not indicate any …

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court
1 year, 6 months ago

Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence.Section 371 prescribes that District. …

The gaps in the Births and Deaths Registration (Amendment) Act
1 year, 7 months ago

The gaps in the Births and Deaths Registration (Amendment) Act

The Hindu  

The Registration of Births and Deaths Act, 1969 provides for compulsory registration of births and deaths under a uniform law across India. One of the major objectives that has been stated in the ‘Statement of Objects and Reasons’ attached to the Bill is “to create a National and State level database of registered births and deaths which would help in …

Parliament Passes Registration Of Birth and Death (Amendment) Bill Which Seeks To Create National Database
1 year, 7 months ago

Parliament Passes Registration Of Birth and Death (Amendment) Bill Which Seeks To Create National Database

Live Law  

Late at night, after clearing the Delhi Services Bill, the Rajya Sabha passed the Registration Of Births and Deaths Bill, 2023 on Monday. It seeks to amend the Registration of Births and Deaths Act, 1969, for the first time.According to its “Statement of Objects and Reasons”, the Bill seeks to create a National. According to its “Statement of Objects and …

In Gujarat Assembly, MLAs Demand Parents Sign Be Made Mandatory for Love Marriage Registrations
2 years ago

In Gujarat Assembly, MLAs Demand Parents Sign Be Made Mandatory for Love Marriage Registrations

News 18  

MLAs from BJP and Congress have demanded the Gujarat Legislative Assembly that the signature of parents is made mandatory for the registration of ‘love marriages’ and that the document be recorded in the same taluka where the couple would live, according to reports on Friday. BJP MLA from Kalol, Fatehsinh Chauhan, said registration of marriages in cases when a girl …

Offences Under Pre-Conception & Pre-Natal Diagnostic Techniques Act Affect Society, Settlement Between Parties Not Acceptable: Gujarat High Court
2 years, 1 month ago

Offences Under Pre-Conception & Pre-Natal Diagnostic Techniques Act Affect Society, Settlement Between Parties Not Acceptable: Gujarat High Court

Live Law  

The Gujarat High Court has held that settlement between parties in cases where an offence is committed under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 cannot be accepted. The application was filed before the High Court under section Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR related to the offences punishable under …

Gujarat Govt's Policy Giving Preference To Domiciled Residents In Cadaveric Organ Transplant Unconstitutional: High Court
2 years, 4 months ago

Gujarat Govt's Policy Giving Preference To Domiciled Residents In Cadaveric Organ Transplant Unconstitutional: High Court

Live Law  

The Gujarat High Court has declared as unconstitutional the State government's policy giving priority to persons domiciled in Gujarat for the purpose of cadaveric organ transplant. The first petitioner, a Canadian citizen and an Overseas Citizen of India who had moved back to Ahmedabad and who held Indian driving license and Aadhar card, submitted that she was diagnosed with a …

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court
2 years, 6 months ago

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court

Live Law  

The Kerala High Court recently directed all the Registrars under the Municipality and Grama Panchayat to conduct an enquiry adhering to provisions under the Registrations of Birth and Deaths Act, 1969, while considering applications seeking correction of Birth Certificates, and not to reject such applications summarily. Justice Amit Rawal made the direction upon noting instances where the Registrars, without adhering …

"School Register Not Primary Proof Of Birth Date" : Kapil Sibal To Supreme Court In Plea Of Azam Khan's Son Against Setting Aside Of Election
2 years, 6 months ago

"School Register Not Primary Proof Of Birth Date" : Kapil Sibal To Supreme Court In Plea Of Azam Khan's Son Against Setting Aside Of Election

Live Law  

A Division Bench of the Supreme Court of India on Tuesday began to hear the challenge against a decision of the Allahabad High Court to disqualify Mohd. In the 49-page long judgement, the Single Judge elaborately discussed the contentions raised by both sides and the relevant statutory principles and provisions: While noting that Section 103 of the Evidence Act placed …

Registration Act | Relinquishment Of Right In Property Valued Above ₹100 To Be Compulsorily Registered: Gujarat High Court
2 years, 9 months ago

Registration Act | Relinquishment Of Right In Property Valued Above ₹100 To Be Compulsorily Registered: Gujarat High Court

Live Law  

Referring to the Registration Act, 1908, the Gujarat High Court has opined that if any right concerning a property valued above Rs. Primarily, the Petitioner relied on Section 17 of the Registration Act 1908 which mandates that the relinquishment of right to be registered compulsorily if the value of property is not disputed to be more than Rs. Reference was …

Publicize Facilities Available For Registration Of Births And Deaths: Delhi HC To Municipal Corporations [Read Judgment]
7 years, 4 months ago

Publicize Facilities Available For Registration Of Births And Deaths: Delhi HC To Municipal Corporations [Read Judgment]

Live Law  

The Delhi High Court has directed Municipal Corporations to widely publicize the facilities and procedures available for registration and obtainment of birth and death certificates.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar directed, "In view thereof, let a copy of this order be served by the Registry upon the South Delhi Municipal Corporation and the. …

Publicize Facilities Available For Registration Of Births And Deaths: Delhi HC To Municipal Corporations [Read Judgment]
7 years, 4 months ago

Publicize Facilities Available For Registration Of Births And Deaths: Delhi HC To Municipal Corporations [Read Judgment]

Live Law  

The Delhi High Court has directed Municipal Corporations to widely publicize the facilities and procedures available for registration and obtainment of birth and death certificates.The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar directed, "In view thereof, let a copy of this order be served by the Registry upon the South Delhi Municipal Corporation and the. …

Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers
8 years, 5 months ago

Rajasthan HC directs Govt. To Amend Rules To Ensure Hassle-free Issue Of Birth Certificate To Single Mothers

Live Law  

In a progressive judgment reaffirming the rights of single mothers, the Rajasthan High Court directed the state government to amend existing rules and provide necessary guidelines to ensure painless issuance of birth certificate to single mothers. “To ward off denial of Birth Certificate to the single parent or unwed mother or woman, a direction is, hereby, issued to the State …

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