Evidence Act, 1872, Section 112 -- DNA test - Requirement of consent - In cases of ordering DNA test, personal liberty of an individual is at stake - Thus, consent of party whose blood samples are to be drawn, is required - Court may not, in all cases, direct taking of blood samples from respondent without his consent...........
Will -- Letters of administration - Effect - Grant of letter of administration does not confer and/or extinguish any right, title and/or interest in the property - Parties will be at liberty to establish their individual and independent right before competent Court - In present case, appellants claim that testatrix did not have title over property as she had transferred..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Change of user - Premises let out for saw mill which is now utilized for purpose of manufacturing of grills - In the agreement there was no restriction to run business only relating to saw mill - Tenant was given liberty to carry on any other business as well - Held, in the absence of negative..........
Malicious prosecution -- Compensation - Appellant, a successful scientist having national reputation was compelled to undergo immense humiliation - It is not a case where appellant is kept under custody and eventually after trial, he is found not guilty - Entire prosecution initiated by State police was malicious and it has caused tremendous harassment and immeasurable..........
Motor Vehicles Act, 1988, Section 147 -- Accident - 60% permanent disability - Compensation - Liability of insurer - Accident occurred due to rash and negligent driving of tractor - Appellant travelled in the tractor as a passenger in breach of policy condition, as tractor was insured for agriculture purposes and not for carrying goods - Evidence unambiguously pointed out..........
All India Services (Discipline and Appeal) Rules, 1969, Rule 3(2) -- Suspension - Respondent being a member of Police Service charged u/ss 3, 4 of Prize Chits and Money Circulation Scheme and S.420 IPC - He has been under suspension for more than 6 years - Bail was granted to respondent and there is no case that he attempted to tamper the evidence - Moreover, suspension..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 5, 14, Haryana Panchayati Raj Act, 1994, Section 176 -- Election petition - Bar of limitation - Election petition under S.176 Haryana Panchayati Raj Act has to be filed within 30 days of the date of declaration of results - In the instant case election petition filed was allowed to be withdrawn and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Offer of secondary evidence can be at best impeached in cross examination - It will be for Court to examine and decide as to whether it will be appropriate to rely upon such secondary evidence or not for want of compliance of S.65 of the Act - In case Court finds secondary evidence not reliable, Court is at liberty to..........
Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Incident occurred in broad day light and in presence of numerous witnesses - Deceased was chased for quite a distance and she was set on fire after drenching her with petrol - Several eye witnesses have been cited by prosecution and they all reside near to house of accused -..........
