Monday, January 19, 2009

RELATED JUDGMENTS ON B&D

20039(1) KLJ 781
Kerala Regn of Births and Deaths Rules 1999- Rule 11(2) . When there is corroborating evidence like the hospital records to support the entry in the birth register the Registrar is not bound to act upon the assertion of the applicant or the declaration of the persons claims to have knowledge about the date of birth.
...... among other things the learned counsel for the appellant submitted that if the appellant's date of birth is not corrected in the Birth Register of Kottayam Municipality he will not be able to apply for a Green Card in the U S A as the date of birth shown in his passport is different from the date of birth recorded in the birth register of Municipality. The Hon'ble court held that influenced by such sympathetic considerations the court cannot direct the statutory authorities to act against the statutory provisions.
ANOTHER JUDGMENT.
IN THE HIGH COURT OF KERALA, THE HONB'LE CHIEF JUSTICE Mr.V.K.BALI&THE HONB'LE JUSTICE Mr.JUSTICE P.R.RAMAN on 22nd June 2006.
The petitioners had filed the writ petition seeking for a direction that the name of their daughter mentioned as Lakshmi Priya Suresh be corrected as Lekshmi Priya S. Menon.Learned single Judge while observing that there was no error sought to be rectified and in fact, there was a change in the name of the child which cannot be done as a correction of error on the birth certificate under any statutory provision.The court observed that "only the caste of the father of the child was to be Incorporated in the register. This cannot be said to be a change of name and direct the Registrar yo make a correction in the name of the child as Lekshmi Priya . Menon."


More case laws tomarrow...

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