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2007 Supreme(Online)(Gau) 5

GAUHATI HIGH COURT
Hrishikesh Roy, J.
Kanai Mallick v. State of Tripura and Others


Advocates:
For the Appellants/Petitioners: Mr. P. K. Ghosh
For the Respondents: Mr. N. C. Pal, Mr. B. Das, Mr. K. N. Bhattacharjee

Table of Content
1. the registrar's duty to issue death certificates. (Para 1 , 2)
2. interpretation of the statute's intent and coverage. (Para 3 , 4 , 5)
3. arguments regarding jurisdiction and authority. (Para 6 , 10)
4. court observations on legislative intent. (Para 7 , 9)
5. final directions to the registrar. (Para 11 , 12)

1. An interpretation of the provisions of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as 'the Act') with regard to the contour of the power of the Registrar under S.7 of the Act would determine whether the petitioner is entitled to a death certificate of his father who died at Kolkata, from the Registrar in Tripura State, within whose jurisdiction, the deceased owned a house and was registered as a resident in the Panchayat ordinary resident register, during his life time. Under S.7, the Registrar appointed by the State Government is required to enter in the register maintained for the purpose informations given to him under S.8 or S.9 regarding births and deaths. Additionally, the Registrar is also required to take steps to inform himself of every birth and every death taking place in his jurisdiction and to ensure registration of































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