Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116), Civil Procedure Code, 1908, O.26.R.10-A - DNA test - Maternity of child - When a female counterpart is not disputing her marriage with a male but she is denying the fact that a child is not her own then it is not a case of testing paternity but rather a case to decide maternity of child...........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116) - DNA test - Person cannot be forced to undergo a paternity or maternity test, but a direction can be issued to a person to undergo a DNA test - If anyone does not appears for DNA test or denies to undergo test then, issue would be determined by Court by drawing a presumption of nature..........
Evidence Act, 1872, Section 112 -- (Bharatiya Sakshya Adhiniyam, 2023, S.116) - DNA test - Word "son" with "child" is merely replaced u/s 116 BNS - It did not contemplate a scenario where a female may also deny fact that child is hers...........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Damages cannot be awarded merely on presumptions or whims and fancies of complainant - To make out a case for award of damages especially when claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings made qua cause of action in plaint - Whether facts as pleaded are true or not is a matter of evidence - No finding definitely can be recorded to said effect while deciding an application U.O.7.R.11 CPC - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Opinion of investigating agency does not bind Court and Court may independently exercise powers u/s 319 Cr.P.C., yet investigative conclusion remains a relevant circumstance in assessing whether evidence recorded during trial truly crosses higher evidentiary threshold...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
