Court : Delhi
Reported in : 1999IVAD(Delhi)397; AIR1999Delhi395; 79(1999)DLT348; 1999(50)DRJ281; ILR1999Delhi377
..... record which has since been amended as well as the original municipal record for the year 1967 clearly establish that the petitioner was born on 13th august, 1967 and the entry which is made in the certificate issued by the respondents is required to be corrected ..... before the board, such as the entry in the scholar's register and the statements of his father and uncle made in some cases in courts of law, give a finding that the petitioner was born in 1919 and not in 1917 and then correct the entry in the certificate. ..... 'the relevant page indicating the dates of birth of other children born on the dates as indicated will not leave any doubt that the petitioner was born on 13th august, 1967 and there can be no scope of manipulation as all entries relate to ..... the averments made in the writ petition are that the petitioner was born at jeewan hospital, new rohtak road, new delhi on 13th august, 1967 and was admitted to j.d.tytler school, new rajinder nagar, new delhi in nursery class on ..... in the present case the petitioner was stated to be born on 13th april, 1967 by school authorities which was recorded in error and subsequently the same was shown as 18th march, 1967 whereas it is contended that it is required to be corrected to ..... as well as the statutory record as maintained by the municipal corporation of delhi also show the petitioner to be born on 13th august, 1967. ..... of the register reads as follows: sex where bornannual monthly date of date of name male female born natio- doornumber no. .....
Tag this Judgment!Court : Delhi
Reported in : 112(2004)DLT725; 2004(76)DRJ147; 2005(2)SLJ497(Delhi)
..... after all, it has to be borne in mind that the protection is necessary for the disadvantaged castes or tribes of maharashtra as well as disadvantaged castes or tribes of andhra pradesh. ..... 39(w) of 1992 local born association and ors. v. .....
Tag this Judgment!Court : Delhi
Reported in : 98(2002)DLT326; 2002(64)DRJ214
..... parag gupta were taken as an illustrative case and it was pointed out that he was born and brought up in delhi but had studied his mbbs course in tamilnadu having been allotted tamilnadu under the 15% quota filled up on all india basis. ..... thereforee, in an exceptional case where a student inspire of having born, brought up and educated at delhi and having his roots in delhi fails to get covered under the rule for certain reason his case may be treated as an exceptional case and a category apart for grant of relief ..... the petitioner averred that she was born and borough up at delhi and had done her 10th class from noida merely on account of the posting of her school in noida merely on account of the posting of her mother at pandav nagar, delhi which was very ..... adverting to the facts of the case of the petitioner deepti lal, this court finds that her case is on a rather better footing then that of raman arora as she was born and brought up at delhi and even her father was born and brought up at delhi. ..... the petitioner's younger brother was born and brought at delhi and he has done xth, xith, and xiith from delhi. ..... the petitioner's father who was born and brought up at krishna bazar cloth market, fateh puri, delhi shifted to sarasvati vihar, new delhi in the year 1992. ..... the petitioner deepti lal pleaded that she is a bonafide resident of delhi and was born at delhi itself. ..... her birth certificate shows that she was born at delhi. ..... her father had also born at delhi. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi122; 1989(16)DRJ105
..... for the reasons that it had failed to comply with the requirements of the rules on the subject, inasmuch as, inspire of the fact that it was known to the petitioner that there was a male child born out of this wedlock, he failed to make any mention of the said child in his petition, which was in clear contravention of the rule (iv) of the hindu marriage (punjab) rules, 1956 as adopted ..... that the said rule laid down that all petitions under sections 9 to 13 of the hindu marriage act shall state whether any children were born of the marriage and,if so, the date and place of birth and name and sex of each child separately, and the fact whether the ..... inspire of the fact that respondent had taken objection at the earliest opportunity, namely, in her written statement that there was a male child born out of this wedlock and that petition was defective in omitting any mention to that effect ; even then the appellant as petitioner did not take the steps to rectify ..... further that, birth of the child itself was conveyed to them on 15th june, 1977, namely the day on which he was born and that this fact of a son having been born was known to the petitioner and his family as well as other relations inasmuch as his cousins, daughters of a paternal uncle, had visited her at her parent's house ..... did not need anything, and in fact wanted a dowry less marriage is also not borne out on record, because admittedly neither the matrimonial advertisement nor the subsequent correspondence indicated that .....
Tag this Judgment!Court : Delhi
Reported in : AIR1988Delhi93; 1987(13)DRJ167
..... the said register outside the court (should be hospital)-'(13) section 112 of the indian evidence act, 1872 deals with conclusive proof of legitimacy and it reads as under :- 'the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the ..... child and there being no possibility of a mother having a child of being 5' pounds when she delivers a child in 7th month and when the child is clinically normal, there is left no manner of doubt that the child born to the wife was not of the husband and that the wife was carrying pregnancy by some person other than the husband at the time of her marriage, and this inference appears to be inescapable. ..... (16) the learned counsel for the wife contended that the word 'begotten' used in section 112 of the evidence act did not mean 'conceived' but meant 'born', and that as the parents of the child had been living as husband and wife and had been cohabiting wish each other as such after the marriage, the presumption of the child being ..... observations appearing in amir ali's law of evidence at page 671, under section 112 of the evidence act which are reproduced below :- '...so far as concerns descent from particular parents, a child born during wedlock is presumed according to english law to be the legitimate issue of such parents, no matter how soon the birth be after marriage. .....
Tag this Judgment!Court : Delhi
Reported in : 2004ACJ1479; 2003IVAD(Delhi)492; AIR2003Delhi399; 105(2003)DLT449; 2003(69)DRJ188
..... . thus the changed view of court of appeal in england is also that if as a result of a doctor's negligence an unplanned child is born to parents the doctor is liable to pay for all expenses which might reasonably be incurred in the education and in the upkeep of the child having regard to the child's condition ..... 4,00,000/- to the petitioner for upbringing the fifth child, who was born because of sheer negligence on the part of the respondents;(b) direct the respondents to pay the petitioner further amount of ..... the petitioner has also suffered mental pain, agony and an extra burden of financial liability of this fifth new girl child born on 5th october, 2000 to the petitioner on account of negligence of respondents. ..... others versus asharam reported in 1997 accident claim journal 1224 where the court had allowed the damages on account of medical negligence in performing family planning operation in which a daughter was born after fifteen months from the date of operation ..... fact the events which have unfolded give an impression that the third child born to the petitioners is not an unwanted ..... . before the unwanted child was born they were having four children it is very difficult to maintain a family of six with a meagre income ..... this stage that in england initially there were divergent opinions on the question as to whether doctors would be liable to pay for all expenses which might reasonably be incurred in the education and up-keep of the unplanned child born due to negligence of the doctor .....
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)37; AIR1997Delhi94; 65(1997)DLT1037; II(1996)DMC389; 1997(40)DRJ68
..... moreover, when the appellant's father stated on oath that the male child born to him on 28-12-1963 had died, 1 am not going to believe that it did not happen. ..... the appellant has showed his ignorance about his date of birth but his father, who appeared as witness stated on oath that since appellant was born in kashmir, his birth was not recorded in the register of births maintained in delhi. ..... in his examination-in-chief, he only stated that the appellant was born on 28-12-1964 and that the appellant's salary on 25-3-1994 was about rs. ..... he has also stated on oath that a male child was born to him on 28-12-1963 and that child had died in kashmir. ..... it was, however, contended that a male child was born to the parents of the appellant on 28-12-1963 but he had died and, thereforee, the birth certificate filed from the side of the respondent did not relate to the appellant. ..... i am also not going to believe that if the appellant was born on 28-12-1963, the appellant's father would state on oath that the male child born to him on 28th dec. ..... this argument does not borne out from the facts of the case. ..... the doubt has been raised only on the ground that the appellant's birth was not recorded in the register of birth and a male child is recorded to have born to the appellant's father on 28-12-1963. ..... so far as the date of birth of the appellant is concerned, the only controversy is whether he was born on 28th dec. .....
Tag this Judgment!Court : Delhi
Reported in : III(2006)ACC145
..... . thus the changed view of court of appeal in england is also that if as a result of a doctor's negligence an unplanned child is born to parents the doctor is liable to pay for all expenses which might reasonably be incurred in the education f and in the upkeep of the child having regard to the child's condition in life ..... 4,00,000/- to the petitioner for upbringing the fifth child, who was born because of sheer negligence on the part of the respondents;(b) direct the respondents to pay the petitioner further amount of rs. ..... that apart the petitioner has also suffered mental pain, agony and an extra burden of financial liability of this fifth new girl child born on 5th october, 2000 to the petitioner on account of negligence of respondents. ..... . asharam reported in where the court had allowed the damages on account of medical negligence in performing family planning operation in which a daughter was born after fifteen months from the date of operation ..... . in fact the events which have unfolded give an impression that the third child born to the petitioners is not an unwanted child ..... . before the unwanted child was born they were having four children it is very difficult to maintain a family of six with a meagre income of rs ..... at this stage that in england initially there were divergent opinions on the question as to whether doctors would be liable to pay for all expenses which might reasonably be incurred in the education and up keep of the unplanned child born due to negligence of the doctor .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi458; ILR1983Delhi962; 1982RLR622
..... the plea of the husband was that after the decree of divorce had become final he re-married on 31st july, 1979 and a son was born from that wedlock in september, 1981; that with the emoluments which he is getting he is hardly able to meet his day to day ..... charya, learned counsel for the respondent however, submitted that the child having born to the respondent during the time when the marriage was subsisting, the child has to be considered legitimate as per the provisions of section 112 of the ..... no doubt true that mere allegation of the husband that the child is illegitimate as he was born during the period of separation, is not enough to prove that the child is illegitimate. ..... the same reads as follows: '112.the fact that any person was born during the continuance of a valid marriage between his mother and any son, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he ..... it reads as under : '6.from the evidence referred to by me above, it is clearly borne out that the parties were married according to hindu rites on june 26, 1973, and last resided ..... respondent no access to the petitioner since 31-7-1974 and as such the child born to the petitioner on 15-12-1977 is an illegitimate one opr. ..... case was that on the wife's own showing she has been unchaste as she had given birth to a child who was apparently illigitimate as the parties had separated and the child was born after atleast two years of the separation. .....
Tag this Judgment!Court : Delhi
Reported in : 158(2009)DLT136
..... the appellant though earning well, has not been contributing towards domestic expenditure for the last 4-5 years and the entire household expense is being borne by the respondent so as to humiliate and harass the respondent as she has deliberately taken the expenditure beyond affordable limits of the respondent. ..... as under:the court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. ..... party.the court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. ..... out of the wedlock, two sons were born, namely, kanak mehra on 2nd february, 1981 and vaibhav mehra on 27th november, 1982.4. ..... the best evidence to prove these allegations would have been the children, who in this case are sons, born on 02.02.1981 and 27.11.0982 respectively.76. ..... it also admitted that two sons were born out of the wedlock.10. .....
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