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...judicial propriety and fairness. Moreover, the disputed validity of the impugned DNA test report and its alleged attribution to coercive and undue influence of
"some...Court, Thrissur praying for voiding his marriage. The complainant claims to have, as per the order of the Family Court, Thrissur, got a DNA test conducted at the
2...are statedly the employees / officials of the 1stopposite party establishment. The complainant alleges that the said DNA test report produced before the Family Court, Thrissur is false and...
...respondents, it is stated that parents are no more and the DNA test is sought for between the half brothers and that the DNA test can be only an additional evidence and that the dispute is regarding the ...unmarried and that both Muthayammal and Pitchaiyammal and Kali Naicker were dead now.5. On the side of the petitioner, it is stated that I.A. No. 83 of 2015 was filed for DNA test...between the plaintiff and the defendants and that when the paternity of the particular person is disputed, it is the duty of the trial Court to refer the matter for DNA test.6. The...
...considering the matter for examining the legality and validity of the order of the learned Sessions Judge modifies the order to the extent that the said DNA test may be conducted at any hospital in...facts of the case appear to be that earlier DNA test of the petitioner was undertaken and it has been stated that the DNA test was found to be in negative. When the evidence is recorded, it is the...case of the original complainant that she came td know at a later point of time that the DNA test is already undertaken of the petitioner accused and therefore she moved an application-Exh. 94 before the...
.... There is a dispute of the parantage of the alleged kidnapee. The accused requested for carrying out the DNA test. The application was allowed. Feeling aggrieved the revisionist/complainant has assailed the ...others, whereby application of respondent no.2 was allowed and DNA test of alleged kidnapee Kanhaiya was directed to be conducted with the complainant, his wife Shakuntala Singh, Jawahar Chauhan and his...reopening a closed cheque.
Object of criminal trial is to arrive at the truth. The result of DNA test, as requested by respondent no.2, would be a determinative evidence about...
...fact of the matter is that this Court not only once, but twice gave directions for DNA test. The respondents, in fact, had not opposed the prayer of DNA test when such a prayer was being considere...order of refusal that the present special leave petition was filed and the same prayer for conducting the DNA test was made before us. On 8-11-2010 SLP (Cri) No. 8852 of 2008 we had accordingly, directed...the petitioner husband to deposit all dues, both arrears and current, in respect of the maintenance awarded to the wife and child to enable us to consider the prayer for holding of such DNA test...
...applicable to the facts and circumstances of this case. In the aforesaid decision, the DNA test was already conducted and as such the Apex Court did not go into the validity of the order passed by...Rule 10(a) read with Section 151 of Code of Civil Procedure seeking for a direction to the 5thdefendant to undergo DNA test so as to ascertain blood relation of the 5th...the family subjecting the 5th defendant to DNA test is necessary. In support of his submission, he has placed reliance on the decision of the Apex Court in the case of Nandlal Wasudeo...
...the plaintiff for the Deoxyribonucleic acid test (for short, ‘DNA test’). The defendant, as aforestated, has come up with this instant petition questioning the legality and validity of the impugned...order on several grounds, inter alia, the direction to undergo DNA test for examining claim of paternity is per se illegal and violative of constitutional and legal rights of the defendant/petitioner...undermine his reputation and name. Thus, undergoing a DNA test, as directed by the Civil Court, is violative of fundamental, constitutional, legal and natural rights. It is further contended that the...
...claimed by the plaintiff and mother of the plaintiff for the Deoxyribonucleic acid test (for short, „DNA test"). The defendant, as aforestated, has come up with this instant petition questioning the legality and ...impugned order on several grounds, inter alia, the direction to undergo DNA test for examining claim of paternity is per se illegal and violative of constitutional and...herein has a reputation in the society, undergoing a DNA test may undermine his reputation and name. Thus, undergoing a DNA test, as directed by the Civil Court, is violative of fundamental...
...of an order to subject the first Respondent/wife to undergo the DNA test.3. Assailing the correctness, validity and legality of the impugned order dated 08-10-2014 in C.M.P No. 6486 ...Petitioner/husband has sought for passing of an order by the Court to order DNA test in regard to the paternity of the second Respondent/minor child.5. The main grievance of the Revision...Petitioner is that the Trial Court ought not to have dismissed the C.M.P No. 6486 of 2014 in M.C No. 10 of 2014 for DNA test by drawing presumption in terms of Section 112 of the...
...S. Abdul Nazeer, J.:— In this case, the petitioner has called in question the validity of the order on IA No. 5 in Crl. Misc.(P.C) No. 91/2013 dated 17.07.2014, on the file of the Principal Judge, Family Court, K...willing to seek DNA test of the second respondent and the petitioner, subject to the petitioner paying of interim maintenance in arrears and prays that this Hon'ble Court may be pleased to issue...direction for DNA test of second respondent in the interest of justice”.3. It is clear from the aforesaid memo that the first respondent has no objection for conducting the DNA test...
.... 5657 of 2019 filed by the appellants, by observing that DNA test is not germane to the facts of this case as the dispute only relates to the validity and genuineness of the Will produced on the ...compelling circumstance has arisen, which necessitates DNA test to be done, it will be ordered. In the present case, the dispute only relates to the validity and genuineness of the Will produced on the side...first respondent to file a consent affidavit for subjecting
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themselves for a DNA test to prove the paternity of...
...Nacharam, Hyderabad on 28-10-2004 at 10.30 AM and the petitioner is directed to bear the expenses for the said DNA Test as fixed by the Lab authorities either by depositing the said amount into court or by sending the same by way ...Section 45 of the Evidence Act to direct the second defendant to give blood by making himself available for DNA test...defendant to undergo DNA Test along with the plaintiff and the first defendant to establish whether all of the them were born to Varalakshmi. When it is the specific contention of the second defendant...
...dated 22.04.2019, a copy whereof is at Annexure-E whereby, respondents application filed under Order XXVI Rule 10A of CPC, 1908, having been favoured, a direction is issued for DNA test. 2. Having heard...denied by the petitioner; (b) the court below having considered the law laid by the Apex Court, has exercised the statutory discretion in accordance with the rules of reason and justice; if the DNA test...marriage and legitimacy is a serious matter; DNA test is sought for by the respondent-plaintiffs justifiably since they want to lead all and whatever evidence to prove their assertion that is stoutly...
....27. In so far as the last issue is concerned, the position of law is clear that a DNA test can be ordered by the Court and if an accused refuses then he can be physically compelled to under...received a notice regarding a DNA test. He pleads that the allegations of sexual assault were against the Deputy Jail Superintendent and no allegations were levelled against the petitioner and the FIR...Magistrate, Faridabad to give his concurrence for a DNA test. The petitioner filed an application (Annexure P-20) before the Court asking for the status report and sought monitoring of the investigation by...
...many DNA test is so high that cells from a Technician's hands or from its sneeze could contaminate the sample. Therefore, care in the collection, custody and manipulation by the biological sample is of great importance for ...petitioners jointly conduct the DNA finger printing test. The petitioners have also prayed one more alternative relief that at the time of taking of the sample of the blood for the purpose of cond...finger printing test, the DNA examiners engaged by the petitioners may be permitted to collect the sample of the blood at the same time for the purpose of taking DNA finger printing test and to gi...
...not opposed the
prayer of DNA test when such a prayer was being considered. It is only
after the reports of the DNA test had been received, which was adverse to
the respondents, that they are c...petitioner-husband had challenged the
paternity of the child and had claimed that no maintenance
ought to have been awarded to the child. The petitioner had
also applied for referring the child for DNA test..., which was
refused. It is against the said order of refusal that the
present Special Leave was filed and the same prayer for
conducting the DNA test was made before us. On 8th November,
2010 we...
...that this Court not only once, but twice gave directions for DNA test. The respondents, in fact, had not opposed the prayer of DNA test when such a prayer was being considered. It is only after the reports...been claimed by the petitioner/plaintiff for declaration that respondent is not his son, there is requirement of proof for which, DNA test is necessary. It is clearly pleaded by the petitioner that...the Court ordered for DNA test. In case of Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, in Cr.A. No. 24 of 2014 decided 06 of...
...she was pregnant. He became suspicious as they were not having sexual intercourse since long. On 23.08.2008, when the daughter was born, he decided to get the DNA test done of the newly born child...reputation in the estimation and eyes of the public at large. The validity and admissibility of the DNA report was disputed as it was said to be false and fictitious. Affirming that the respondent is the...23.08.2008. He stated and proved that after the second daughter was born, he decided to get his DNA test conducted with the DNA of the child and thus sent the swab samples to a private company namely, Easy...
...the analyst who conducted the tests. There is no longer any question on the validity of the use of DNA analysis as evidence. The Courts are now moving from the issue of according “official recognition” to ..., Ludhiana to supply the outcome of representation dated 7.10.2011 (Annexure P-3) given by the petitioner and also for direction to conduct the DNA test of respondent No. 3 — Mann Singh Sarpanch (wrongly...agency, no blood grouping, DNA test of the petitioner, of daughter of the petitioner and of respondent No. 3 has been conducted. Respondent No. 3 is alleged to be an active member of the ...
...as DNA test) can be given in a proceeding for issuance of succession certificate under the Indian Succession Act, 1925 (in short “the Act”).3. Challenge in this appeal is...151 of the Code of Civil Procedure, 1908 (in short “CPC”) filed by the appellant seeking DNA test of Respondent 1 Smt Teeku Dutta and Shri Ram Saran Dass Sharma (who is not a party in this appeal...possible to subject them to a DNA test and compare with the DNA test of Mrs Teeku Dutta. Since Ram Saran Dass Sharma is alive, DNA test of Shri Ram Saran Dass Sharma and Mrs Teek...