AIR 2008 (NOC) 2572 (BOM.) = 2008 (4) AIR BOM R 695 (DB) ::2008 (4) AIR Bom R 695 ::2008 A I H C 3387

Bombay High Court

Hon'ble Judge(s): Ranjana Desai, R. S. Dalvi , JJ

(A) Evidence Act (1 of 1872) S. 77, 79 — Public document — Birth Certificate issued by relevant Municipal Authority is ultimate document for proof of date of birth — It carries presumption as to its genuineness and is admissible in evidence — Said presumption would hold good until rebutted {" The Birth Certificate is the certified copy of the extract of a public document under Section 77 of the Evidence Act, 1872. Such certified copy can be produced in proof of the contents of the public document of which it purports to be a copy. Consequently under Section 79 of the Evidence Act it carries a presumption as to its genuineness and is accordingly admissible in evidence. Under Section 79, the Court is, therefore, also required to presume that the Officer by whom such document is purported to be signed as certified held the official character which is claimed in the document. It is, therefore, clear that for proof of the date of birth the certified copy of the Birth Certificate issued by the relevant Municipal Authority is the ultimate document. The presumption under the law would hold good until it is rebutted. (Para 5,6) "} .....