AIR 1937 NAGPUR 264

Nagpur High Court

Hon'ble Judge(s): Niyogi, Pollock , JJ

Evidence Act (1 of 1872) , S.35— Birth and death registers - Kotwar book containing entries of births and deaths in village is official document within S. 35 - Entries in @page-Ngp265such book are relevant under S. 35 - Admissibility of book is not affected even if certain entry therein is signed by son under instructions and with knowledge of father maintaining book. The kotwar book containing entries of births and deaths in the village is an official book which the mukaddam has to maintain in accordance with C.P. Land Revenue Act and C.P. Police Manual and it is therefore an official document within the meaning of S.35, Evidence Act. Entries made therein are therefore relevant under S.35, Evidence Act; S.A. No. 722 of 1913, Foll.;(Para 265C1,2) The admissibility in evidence of such a book is not affected even if a certain entry therein is signed by the son under the instructions and with the knowledge of his father maintaining such book.(Para 265C2) .....