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Documents citing Rashmeet Kaur Kohli (Minor) vs Central Board Of Secondary Education ... on 9 October, 2006

Anvi G Kashi vs Chief Secretary Of Karnataka on 1 October, 2024

21. As per the above documentary evidence of the plaintiff, it is clear that the plaintiff is a minor female child of PW 1 and Goutham Venkatesh Kashi and for minor plaintiff's welfare and necessity, her parents are changing her born name ANVI G. KASHI to Vaishvi Anusvi G. Kashi. As a civil right, as stated in AIR 2007 DELHI 46 (Rashmeet Kaur Kohli (Minor) vs Central Board Of Secondary Education (CBSC), it is observed that the grant of decree of declaration is the discretion of the Court and can be declined in certain circumstances. Take a case where a person seeks to change his/her name very frequently or wants change of name to circumvent the rules and bye-laws of the respondent and if such a person is allowed change of name, it 11 OS No.820/24-Judgment may lead to violation of rules and bye-laws and other complications. In such and similar circumstances, a decree for declaration which is discretionary can be declined by a Court.' In this regard the paragraph 8 of such judgment is reproduced her under;
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Mr.Uday Kumar.L.V vs ) The Secretary on 13 January, 2021

19) Plaintiff has relied upon the Judgment in Rashmeet Kaur Kohli (minor) vs. Central Board of Secondary Education (CBSE) [AIR 2007 Delhi 46], wherein, the Hon'ble Delhi High Court was pleased to hold that, "declaratory decree for change of name is a discretionary relief and it can be declined if person seeks to change name very frequently or wants change of name of circumvent rules and bye-laws".
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Sri.Puppanna.N.U vs The Secretary on 30 November, 2021

good as consequential relief of mandatory injunction as contemplated under Sec.39 of Specific Relief Act. The same is not permissible under law. Hence, how the Court can give direction to the defendants to make necessary corrections in the school records. It is true in the decision reported in AIR 2007 Delhi 46 (Rashmeet Kaut Kohli (minor) vs. Central Board of Secondary Education (CBSE), wherein lordship has observed as follows:
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Arpita @ Premwati vs Central Board Of Secondary Education on 30 July, 2022

In the ruling in Rashmeet Kaur Kohli (minor) v. Central Board of Secondary Education (CBSE). [2006 SCC OnLine Del 1193] the Hon'ble Delhi High Court cautioning against exercise of discretion under Section 34 of the Specific Relief Act while granting relief of declaration concerning change of name in case of requests of the kind as at hand, had observed that such a prayer may be declined where the person has been making similar requests 'very frequently' or where the change is desired in order 'to circumvent the rules and bye-laws of the respondent'.
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Gajendra Gowda vs Union Of India on 10 October, 2022

15. Now, the question arise before this court is whether the plaintiff can seek for declaration of his name as GAJENDRA GOWDA instead of GAJENDRA N. PRADHAN @ A.G.GAJENDRA KUMAR. The nature of the relief of declaration is enforcement of his civil right. Since, plaintiff is a Hindu governed under Hindu Law and he is following the Astrologer's words, under such circumstances, whether plaintiff can seek change of his name as a civil right is to be looked into. As per Section 34 of Specific relief Act, plaintiff can ask to change his name as civil right, that the name is just used to distinguish one person to another person as stated by the Hon'ble Apex Court as per the ratio laid down in AIR 2007 Delhi 46 (Rashmeet kaur Kohli vs Central Board of Secondary Education(CBSC).
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Smt. Chandrakala E vs State Of Karnataka on 10 October, 2022

16. Issue No.6:- Now, the question arise before this court is whether the plaintiff can seek for declaration of plaintiff's name as 'CHANDRAKALA.E' instead of 'CHANDRAMMA.E' and date of birth is 23-03-1985 instead of 10-04-1984. The nature of the relief of declaration is enforcement of her civil right. Since, plaintiff is a Hindu governed under Hindu Law and she is following the rituals of marriage where in some castes, after marriage the name of the bride is changed, under such circumstances, whether plaintiff can seek change of her name as a civil right is to be looked into. As per Section 34 of Specific relief Act, plaintiff can pray for change of her name as civil right. The name is just used to distinguish one person to another person as per the ratio laid down by the Hon'ble Apex Court in the decision reported in AIR 2007 Delhi 46 (Rashmeet kaur Kohli vs Central Board of Secondary Education(CBSC).
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Sri. Parasappa @ Parasappa vs The Principal on 2 February, 2023

In this regard this court gone through the ratio laid down in page number 48 of AIR 2007 Delhi 46(Rashmeet Kaur Kohli vs Central Board of Secondary Education) by Hon'ble apex Court as the grant of decree of declaration is the discretion of the court and can be declined in certain circumstances like if a person very frequently wants to change his name which leads violation of rules and bye-laws and other Cont'd..
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Sumat Prasad Jain vs Central Board Of on 26 March, 2012

7. ARGUMENTS :­ I have heard Sh. M.P. Sharma, Advocate for plaintiff and Sh. Ashok Kumar, Advocate for defendant no. 1. Defendant no. 2 is already ex­parte written submissions have also been filed by plaintiff. Ld. counsel for plaintiff has relied upon case laws reported as (i) American Express Bank Ltd. Vs. Calcutta Steel Co. and others (1993) 2 SCC 199; (ii) M. P. Mathur & Ors. Vs. D.T.C. & Ors. AIR 2007 SC 414; (iii) M/s. India Navigation Co., Gurgaon Vs. Haryana State Industrial Development Corporation AIR 2006 Punjab and Haryana 29; and (iv) Rashmeet Kaur Kohli (minor) Vs. Central Board of Secondary Education (CBSE) AIR 2007 Delhi 46. Material on judicial (Anand Swaroop Aggarwal) Date: 26/03/2012 SCJ­Cum­RC (East) Delhi Suit No. 356/10 Page 10/21 file perused.
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