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Showing posts with label legitimacy. Show all posts
Showing posts with label legitimacy. Show all posts
Friday, 30 May 2025

Constitutional Privacy vs. State Surveillance: IRAC Analysis of Vinit Kumar v. Central Bureau of Investigation (2019)

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  Issue The primary issues before the Bombay High Court were: Whether the three interception orders issued by the Ministry of Home Affai...
Thursday, 14 December 2023

Supreme Court: Factors to be considered by the court while directing wife to undergo DNA test to determine paternity of a child

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  In Indian matrimonial proceedings, when deciding an application for directing a wife to undergo a DNA or blood test to determine the issue...
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...
Saturday, 17 June 2017

Basic principles to be followed if there is conflict between two fundamental rights

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 Be it stated, circumstances may emerge that may necessitate for balancing between intra-fundamental rights. It has been distinctly und...
Saturday, 25 October 2014

Whether DNA test can be conducted to ascertain whether mother of child is living in adultery?

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It is borne from the decisions rendered by this Court in Bhabani Prasad Jena (supra), and Nandlal Wasudeo Badwaik (supra), that depend...