CIDCO versus VASUDHA GORAKHNATH MANDEVLEKAR

CIDCO versus VASUDHA GORAKHNATH MANDEVLEKAR

Entries in statutory registers of births and deaths maintained by the relevant authority are admissible evidence of date of birth under Section 35 of the Evidence Act and prevail over school records, especially in absence of contradictory proof from the guardian, and previous corporation records consistently showing the respondent’s date of birth as 2.10.1950 must be accepted.

Parties
Appellant: CIDCO; Respondent: Vasudha Gorakhnath Mandevlekar
Jurisdiction
India
Judgment Date
15 May 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment Following High Court Writ Petition
Outcome
Appeal dismissed
Legal Topics
Service Records, Date of Birth Disputes, Admissibility of Public Records, Presumption of Correctness of Statutory Registers
Administrative Law Evidence Law Service Records Date of Birth Disputes Admissibility of Public Records Presumption of Correctness of Statutory Registers

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Parties

CIDCO

Appellant

Vasudha Gorakhnath Mandevlekar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment Following High Court Writ Petition

Legal Issues

  1. 1 Whether the respondent's date of birth is 2.10.1948 or 2.10.1950
  2. 2 Admissibility and evidentiary value of public records versus school registers

Ratio Decidendi

Entries in statutory registers of births and deaths maintained by the relevant authority are admissible evidence of date of birth under Section 35 of the Evidence Act and prevail over school records, especially in absence of contradictory proof from the guardian, and previous corporation records consistently showing the respondent’s date of birth as 2.10.1950 must be accepted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at Rs.50,000/-