Evidence Act, 1872, Section 114(h), 112 -- Adverse inference - Refusal to undergo DNA test of child by mother - S.114(h) of the Act has no application to a case where a mother refuses to make child undergo DNA test. (As per judgment of V.Ramasubramanian, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - No plea has been raised by husband as to non-access in order to dislodge presumption u/s 112 of the Act - Husband has specifically claimed that he is in possession of call recordings/transcripts and daily diary of wife which would point infidelity of wife - It is not a case where DNA test would be only..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Adverse inference can be drawn in view of complete denial and silence on the part of accused with regard to questions put to him u/s 313 Cr.P.C...........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Mere refusal by wife that she is not ready to go for DNA test in her cross-examination, would not be sufficient to draw adverse inference against wife...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Paternity of child - DNA test - Husband ready to go for DNA test but no separate application is filed for DNA test - Adverse inference cannot be drawn against wife merely because she refused to go for DNA test in her cross-examination - Even otherwise, husband failed to show that for period of..........
Agreement to sell -- Specific performance - Readiness and willingness - Non production of pass book and/or bank account to prove of having cash and/or amount and/or sufficient funds/means to pay balance sale consideration - Unless plaintiff was called upon to produce pass book either by defendant or Court orders him to do so, no adverse inference can be drawn...........
Adverse possession -- Plea of adverse possession is not a pure question of law but a blended one of fact and law - Whenever plea of adverse possession is projected, inherent in the plea is that someone else is owner of property...........
Adverse possession -- Plea of title - and adverse possession are mutually inconsistent and latter does not begin to operate until former is renounced...........