Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - In a suit for partition, prayer for DNA test to determine parentage of rival party is unwarranted - Forcing a person to undergo DNA test affects his right to privacy...........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Defendant No.1 disputes the parentage of defendant No.3 despite evidence of PW2/mother - Directing for DNA test of child on the face of admission of mother would be an insult to her motherhood and against the law enumerated in S.112 of Evidence Act - Application fort DNA test rightly dismissed...........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Recognition of a person as son of another is not required to be determined through blood relation only and what is important is his recognition in the society as such...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendment be granted liberally unless it causes serious prejudice to interest of defendant, in as much as, such amendment sought for is either time barred, barred by law, change the nature of suit or cause serious prejudice to interest of opposite party...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicitor - Plaintiff unable to establish his right - A suit for injunction simplicitor is not maintainable...........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Filing an eviction suit by landlord is sufficient notice to tenant to vacate the property...........
Co-owners -- Eviction suit - One of co-owners can maintain the suit for eviction against tenant...........
