Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Question of determining paternity of child does not arise, unless husband disputes that he is not father of child and makes out a specific case of having no access to wife and rebuts presumption u/s 112 of the Act...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Mere fact that wife conceded the request to undergo DNA test of child, still it was obligatory for Court to consider best interest of child - No one can be compelled to undergo blood test - Moreover, in case of a minor child, he is not capable of taking decision of agreeing to test or..........
Registration of Births and Deaths Act, 1969, Section 12, 17, Evidence Act, 1872, Section 74, 77 -- Birth Certificate - The birth certificate issued by public officer is also a document forming the record of the act of Public Officer - Therefore, birth certificate is a public document provided u/s 74 of Evidence Act and is admissible by mere production as provided u/s. 77..........
Evidence Act, 1872, Section 17, 21 -- Admission - Admissions are substantive evidence u/ss 17, 21 of the Act, though not conclusive proof...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted foundational evidence has to be given being reasons as to why original evidence has not been furnished...........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Evidence Act, 1872, Section 102 -- Onus to prove - Suit for declaration and recovery of possession - When plaintiff has come with suit for declaration and recovery of possession, onus is on plaintiff to establish title in respect of which he claims right...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Narco-analysis test - Reports of voluntary narco analysis tests cannot be admitted directly into evidence - Information that is discovered, as a consequence thereof can be admitted with the aid of S.27 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Unclaimed notice - Initial burden is upon complainant that notice was sent - Once that initial burden is discharged and in case drawer of cheque disputes the address shown on unclaimed notice then burden shifts to drawer of cheque to demonstrate that address shown..........
Evidence Act, 1872, Section 8 -- Motive - Absence of motive would not ispo facto dismember chain of evidence and would not lead to automatic acquittal of accused...........
