Skip to main content

HC: Changing name is a part of freedom of expression under Article 19 (1) (a) of the Constitution

 The Allahabad High Court has held that under freedom of expression a person cannot be stopped from changing his name. Renaming is part of freedom of expression. It is guaranteed in Article 19 (1) (a) of the Constitution.


“The right of freedom of expression guaranteed to the petitioner under Article 19 (1) (a), in the present case freedom of expression through change of name, cannot be denied to the petitioner and he is entitled to change his name.”


This order has been given by Justice Pankaj Bhatia while dealing with the petition filed by Kabir alias Rishu Jaiswal. The court has directed the CBSE to issue a new certificate to the petitioner in the name of Kabir Jaiswal in place of Rishu Jaiswal. Because the petitioner is entitled to change his name under freedom of expression.


The petitioner has submitted that he passed the high school examination from CBSE in the year 2011-13 and Inter exam in 2015 in the name of Rishu Jaiswal son Santosh Kumar Jaiswal. After this, the petitioner got a gazette notification and published notice and also submitted an application to the board to change his name to Kabir Jaiswal instead of Rishu.


On the basis of Gazette notification, his name has been changed to PAN card and Aadhar card. But the CBSC rejected the application for change of name in her educational certificates, saying that her name had not been changed in the school documents.The court has placed reliance on the judgment given by Supreme Court in the case of Rayaan Chawla and directed CBSC to issue a new certificate to the petitioner in the name of Kabir Jaiswal with in two month.

"ADVOCATES AND LEGAL CONSULTANTS"




We are India’s Leading Law Firm




“The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.”








–    DR ANUPAM KUMAR MISHRA (ADVOCATE, FOUNDER-LEXIS AND COMPANY).








Get in Touch




LEXIS AND COMPANY.








C/O: DR ANUPAM KUMAR MISHRA.








OFFICE: A1B/26, JANAKPURI, GROUND FLOOR,








NEW DELHI,, DELHI, 110058.








INDIA.








lexisandcompany@gmail.com








CALL: +91-9830333388.


Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more