Court : Mumbai Aurangabad
..... by public officer, who is a public servant, exercising powers under registration of births and deaths act, 1969. 40 ..... as proved, age is proved by proof of date of birth from register of deaths and births as maintained under the registration of births and deaths act by public servant attached with duty under a statute to maintain it, and its maintenance in due course as such is proved and is corroborated by other evidence. ..... the registration of births and deaths act, 1969 (act no.18 of 1969), though presumption of any particular category referable to section 4 of the evidence act is not prescribed/ attached, the totality of scheme of the registration of births and deaths act will have to be considered and in the result it will have to be held that rebuttable presumption is attached to the entry as to date of birth recorded in the register maintained under registration of births and deaths act. 12-b. ..... section 26 of the said act reads as follows: 26 .registrars and sub-registrars to be deemed public servants:-- all registrars and sub-registrars shall, while acting or purporting to act in pursuance of the provisions of this act or any rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code ..... value due to collective effect of the provisions of registration of births and deaths act, 1969 and the scheme of registration of births and deaths act as indicated in foregoing paras read with section 114 of evidence act. 49. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... reported in 2010(1) all mr (journal) 16, and contended that public place for the purpose of the mv act has to be understood with reference to the place to which ..... the present appeal can be summarized thus:- (a) initially claimants who are dependent legal representatives of deceased kalyan kothi filed the petition under section 163a of the mv act, claiming compensation on account of death of kalyan kothi as per structured formula contending that he died because of accident arising out use of motor vehicle i.e. ..... overall scrutiny of evidence of labourer dilip kakade undoubtedly shows that the accident happened because of rash and negligent act on the part of driver of the truck in not parking the same at safe position in order to enable the labourers ..... in the case of a motor accident the owner is only liable for negligence and on proof of vicarious liability for the acts of his servant, the necessity to provide effective means for compensating the victims in motor accidents should not blind us in determining the state of law ..... was also observed by the learned tribunal that if really the accident had happened because of rash and negligent act on the part of driver of the truck, either claimants or dilip kakade - labourer ought to have ..... the version of dilip kakade, then also, inescapable conclusion is that, the accident happened because of rash and negligent act of the driver of the truck in parking it in ascending position while unloading the stones thereby causing the accident. ..... oriental .....
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