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CNR: KABC030343862023
PENDING

EDWIN PRAKASH V vs THE COMMISSIONER

Case Number5018
Date of Filing3 Aug 2023
Case TypeCrl.Misc. - CRIMINAL MISC.CASES
Last Hearing1 Sept 2023
State--
City--
Year of Filing2023

Party Details

Petitioner
  • EDWIN PRAKASH V
Respondent
  • THE COMMISSIONER

Case Summary

EDWIN PRAKASH V filed Case No. 5018 in the District Court on 3 Aug 2023 against THE COMMISSIONER. The case has undergone 3 hearings over 29 days. The case is currently pending. 2 orders have been issued in this matter.

Hearing History (3)

  • 1SEP 2023
    Disposed

    Judge: XXIII ADDL CHIEF JUDICIAL MAGISTRATE , BENGALURU CITY

    View Order ↗
  • 19AUG 2023
    ORDERS

    Judge: XXIII ADDL CHIEF JUDICIAL MAGISTRATE , BENGALURU CITY

    View Order ↗
  • 3AUG 2023
    NOTICE

    Judge: XXIII ADDL CHIEF JUDICIAL MAGISTRATE , BENGALURU CITY

    View Order ↗

Orders (2)

Judgement DetailsView full order PDF ↗

C.Misc.5018/2023 01.09.2023.

For orders ORDERS ON PETITION UNDER SEC.13(3) OF THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1989.

The petitioner filed this petition in order to get birth certificate of his son’s by name Samrat.E, as he was born on 10.08.2019.

It is the case of the petitioner that recently he has approached the respondent authority for issuance of birth certificate of his son’s, but the respondent authority issued an endorsement stating that the birth date of the Samrat.E was not registered with the respondent authority.

However, the petitioner required the birth certificate of his son’s for bonafide use.

2.

Upon service of notice, the respondent remained absent and hence placed exparte.

The averments made in the petition remained unchallenged.

In order to prove the case of the petitioner, the petitioner himself got marked the Exs.P1 to P4 On perusing the Ex.P1, the Non- Availability Certificate, it shows that the petitioner having no option to get the birth certificate approached the court with this petition and hence, he has got right to obtain birth certificate of his son’s by name Samrat.E.

On perusing the materials placed before the court, it reveals that the petitioner made his genuine effort to get the birth certificate of his son’s for bonafide use.

Further, Ex.P2 is the Birth Certificate pertaining to petitioner son’s, it shows that the date of birth of petitioner's son as 10.08.2019.

On perusing the evidence and the supporting documents and on the basis of the reasons assigned above, I am of the opinion that the petitioner is entitle for the direction to the respondent authority in order to obtain the birth certificate of Samrat.E.

Hence, I proceed to pass the following: ORDER Petition filed under Section 13(3) of Registration of Birth & Deaths Act, 1969, is hereby allowed.

C.Misc.5018/2023 The respondent is hereby directed to register the date of birth of Samrat.E, S/o Edwin Prakash.V and Bhanupriya as born on 10.08. on 10.08.2019 in the concerned register of births after collecting necessary fee.

XXIII Addl.

Chief Metropolitan Magistrate, Bengaluru City.

Later, the advocate for petitioner requested to return of original documents i.e., Exs.P3 & P4 as required to the petitioner for daily use.

Hence, considering the request of advocate for petitioner, office is hereby directed to return the original documents of Exs.P3 & P4 to the petitioner after obtaining Certified copies of Exs.P3 & P4 from the petitioner on proper identification.

XXIII ACMM, Bengaluru.