Bharatiya Sakshya Adhiniyam, 2023, Section 116, 39 -- DNA test - Paternity of child - DNA test in a matter relating to paternity of a child should not be directed by Court as a matter of course or in a routine manner, whenever such a request is made - Court has to consider the test of eminent need whether it is not possible for Court to reach the truth without use of such..........
Bharatiya Sakshya Adhiniyam, 2023, Section 116, 39 -- DNA test - Paternity of child - Husband has not disputed marital status and also cohabitation with wife for few days - In such circumstances, paternity cannot be questioned - Application rightly dismissed...........
Evidence Act, 1872, Section 112, Bharatiya Sakshya Adhiniyam, 2023, Section 116 -- DNA test - Order for DNA test cannot be passed routinely - Only in rarest of rare cases where there is no other cogent and reliable evidence available on record that with the consent of parties such order can be passed as DNA test and its result also involves right to privacy of parties..........
Evidence Act, 1872, Section 116 -- Denial of title of landlord by tenant - Tenant cannot dispute title of landlord during continuance of tenancy...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Tenant at sufferance is one who wrongfully continues in possession after extinction of a valid lease period - Tenancy at sufferance does not create relationship of landlord and tenant...........
Transfer of Property Act, 1882, Section 116 -- Tenant by holding over - Tenant continuing in possession after determination of lease with consent of landlord is a tenant holding over or a tenant at will...........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenant at sufferance - Tenant admitted that he did not pay rent to plaintiff till the filing of suit - However, plaintiff refused to receive rent as defendant committed default in payment of enhanced rent @ Rs.4,000 pm - Defendant cannot claim the status of tenant holding over - He can be termed as a tenant at..........
Indian Penal Code, 1860, Section 342, 347, 594, 506, 116, 384, 34 -- Offence u/ss 342, 347, 594, 506, 116, 384, 34 IPC - Quashing of FIR - No specific allegations against respondent nos.4 and 5 in the complaint - There is a delay in lodging FIR - Even, no allegation made by husband of complainant in the letter addressed to District Magistrate and District Commissioner -..........
Criminal Procedure Code, 1973, Section 116 -- Inquiry u/s 116 Cr.P.C - Inquiry u/s 116 Cr.P.C shall be made as nearly as may be practicable in the manner prescribed for conducting trial and recording evidence in summons cases...........
Criminal Procedure Code, 1973, Section 116 -- Inquiry u/s 116 Cr.P.C. - Opportunity to adduce evidence as part of defence or an opportunity to hear not provided - Impugned order passed without following procedure as nearly as may be practicable in the manner prescribed for conducting trial and recording evidence in summons case - Impugned order set aside - Matter remanded..........
