Entry in birth register will prevail over entry in school register

Deaths and Births register maintained by the statutory authorities raises a presumption of correctness. Such entries made in the statutory registers are admissible in evidence in terms of Section 35 of the Indian Evidence Act. It would prevail over an entry made in the school register, particularly, in absence of any proof that same was recorded at the instance of the guardian of the respondent.

Full Extract of the Judgment is as follows:-

1. Leave granted.

2. The Date of Birth of the respondent is in question in this appeal which arises out of a judgment and order dated 17.04.2008 passed by the High Court of Judicature at Bombay in Writ Petition No. 6962 of 2006.

3. Respondent herein joined the services of the appellant – Corporation on 18.01.1971. She disclosed her date of birth to be 2.10.1950.

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