AIR 1984 SUPREME COURT 1234 ::1984 UJ (SC) 687 ::(1984) 26 DLT 118 ::(1984) 2 CivLJ 295 ::1984 (3) SCC 619 ::(1984) Sim LC 345 ::(1984) 97 Mad LW 181 ::1984 Recent Laws 217 ::1984 (1) OrissaLR 44 ::(1984) 2 LandLR 71 ::1984 2 LandLR 71

Supreme Court Of India

Hon'ble Judge(s): D. A. Desai, Amarendra Nath Sen, R. B. Misra , JJJ

(A) Evidence Act (1 of 1872) , S.35— Relevancy of entry in public record - Birth and death register - Death certificate by certain recpectable person of place where family of dead person once resided - Does not satisfy requirement of S.35. Judgment of Delhi High Court, D/- 29th Jan, 1970 in Letters Patent Appeal, Reversed. A death certificate by certain respectable person of the place where the family of the dead person once resided does not satisfy the requirements of S. 35 and is inadmissible in evidence. It would be more so, when there is no proof that any tatutory duty was cast upon the person issuing the certificate to keep a record of birth and death. In such a case, it would be the place of his death which will be relevant and not the place of his birth or residence. Judgment of Delhi High Court, D/- 29th Jan. 1970 in Latters Patent Appeal, Reversed.(Para 14) (B) Constitution of India , Art.226— Displaced Persons (Claims Supplementary) Act (12 of 1954) , S.5(2)— Principles of natural justice - Special revision powers under Act - Order of refusal to substitute daughters and widow of displaced person as his heir in proceedings under Displaced Persons (Compensation and Rehabilitation) Act - Revision against - Daughters and widow should be given opportunity of hear....