Showing : 41-50 of 114 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Order 18, Rule 3-- Claim of paternity - DNA test - At the stage of rebuttal evidence - Where Court finds that there is sufficient prima facie evidence for purpose of conducting DNA test, then there is no bar for trial Court to allow said DNA test at the stage of rebuttal evidence so that a child who claims himself..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Evidence Act, 1872, Section 112-- DNA test - Property dispute - Relationship of step brothers and sisters denied - DNA test - In the diametrically opposite stands of parties it cannot reasonably fathom as to how the dispute can be readily resolved by oral and documentary evidence alone - To arrive at the truth DNA profile test..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(i), Evidence Act, 1872, Section 4, 112-- Divorce - Adultery - Examination of doctor to prove DNA report that petitioner is not the father of child born to respondent - Child born during continuance of a valid marriage to be treated as conclusive proof of legitimacy of child - Moreover adulterer not impleaded as a respondent - In view of..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 112-- Scientific evidence - Held, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by world community to be correct, then latter must prevail over former...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 112-- Legitimacy of child - Presumption as to - Held, a child born during continuance of a valid marriage shall be a conclusive proof that child is a legitimate child of man to whom lady giving birth is married - It can be denied only if it is shown that parties to marriage have no access to each other..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125, Evidence Act, 1872, Section 112-- Maintenance - Illegitimate child - Husband's plea that he had no access to wife when child was begotten stands proved by DNA test report - Held, husband not liable to pay maintenance to child - Impugned order granting maintenance to child set aside - Appeal allowed...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Evidence Act, 1872, Section 112, 114-- Legal fiction & presumption of fact - Distinction - Held, legal fiction assumes existence of a fact which may not really exist - However, presumption of a fact depends on satisfaction of certain circumstances - Those circumstances logically would lead to the fact sought to be presumed - S.112 of..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 112-- DNA test - Whether there was any legal marriage performed between parties is not significant when it comes to a DNA test to be performed for establishing paternity...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 112-- DNA test - It is misconception that only a valid and legal marriage leads to parenthood - A biological child would equally be an offspring as like a child born out of a legal wedlock - A child born out of relationship between a male and female will render both to parenthood...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Evidence Act, 1872, Section 112-- DNA test - DNA structure varies amongst each individual - DNA can be found in the human body and samples from semen, hair, blood, flesh can establish a DNA matching with DNA of another human being...........

Showing : 41-50 of 114 Results