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Showing posts with label
S 112 of Evidence act
.
Show all posts
Showing posts with label
S 112 of Evidence act
.
Show all posts
Tuesday, 7 March 2023
Whether the court can direct DNA test in Criminal case U/S 498A of IPC?
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iii. In Inayath Ali v. State of Telangana, MANU/SC/1538/2022, the question before this Court was whether a DNA test of two minor children ...
What is the test of eminent need?
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ii. In Bhabani Prasad Jena, this Court emphasised that a direction to use DNA profiling technology to determine the paternity of a child, ...
Whether the court can order DNA test of child to prove adultery of wife?
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Use of DNA profiling technology as a means to prove adultery: 11. With the advancement of science, DNA profiling technology which is a too...
Supreme Court: Children's Right Not To Have Their Legitimacy Questioned Frivolously is Part Of Their Privacy Right
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The first factor, which, in our opinion, is of significance, is that in the judgment under appeal, blood sampling of the children was direc...
Sunday, 16 August 2020
Kerala HC: The modern concept of access and non-access for drawing presumption of legitimacy of the child as per S 112 of Evidence Act
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When can it be said that the child was begotten? It is certainly not the date of marriage. It is certainly not the date of delivery. It...
Kerala HC: Court can not draw presumption of legitimacy of a child under Sec. 112 of Evidence Act unless the marriage of his parents is declared valid
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It is fundamental and axiomatic that valid marriage must be proved before the presumption under Sec. 112 can be invoked. Proof of valid...
Sunday, 3 March 2019
Leading judgment of Supreme court on appreciation of DNA evidence
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We may remember that Section 112 of the Evidence Act was enacted at a time when the modern scientific advancement and DNA test were not ev...
Thursday, 19 February 2015
Supreme Court: DNA test should not be directed in routine course to ascertain adultery of wife
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Deciding the issue of proving infidelity of a spouse, the bench of J.S. Khehar and R.K. Agrawal, JJ held that DNA test can be conduct...
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