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Documents citing Sharda Singh vs Mahendra Pal Singh on 10 May, 2010

Immadabathuni Nagendramma vs The State Of A.P. on 2 August, 2018

Again in case of Sharda v. Dharam Pal24, the Supreme Court took a very positive view regarding the importance as well as admissibility of DNA evidence in matrimonial cases. In this case, the Supreme Court held that a Matrimonial court has the power to order a person to undergo medical test and this would not amount to violation of Article 21 of the Constitution. In case of refusal to undergo test, the court would be entitled to draw an adverse inference against him.
Telangana High Court Cites 45 - Cited by 3 - Full Document

Kokkirigadda Devaraj vs The State Of A.P., on 29 October, 2018

2004 Crl.L.J.4003 14 The High Court ultimately directed the Investigating Officer to collect blood samples and conduct DNA test. It also referred the judgment of Apex Court in Sharda v. Dharam Pal9 and observed that in the event of refusal of Opposite Party No. 3 (accused) to give his blood sample for conducting DNA test, an adverse inference can be drawn by the trial Court. Therefore, there can be no demur that the power under Section 53 r/w 173(8) Cr.P.C. can be used by the Court even during the stage of trial. That being the legal position, the order of the trial Court does not suffer from any infirmity to warrant interference by this Court.
Telangana High Court Cites 20 - Cited by 0 - Full Document

Nehru Raj vs State Of Chhattisgarh on 2 February, 2017

32. The Supreme Court in case of Sharda Vs. Dharam Pal, reported in 2003(4) SCC 493, in a very categorical term has held that there must be sufficient materials before the court to enable it to exercise its discretion. The court must arrive at a finding that the petitioner has established a strong prima facie case for seeking such an order. In the same judgment, the Supreme Court has further held that in case if a person refused to submit himself to such medical examination inspite of an order by the court, the strong case for drawing an adverse inference would have to be made out under Section 114 of the Indian Evidence Act.
Chattisgarh High Court Cites 26 - Cited by 0 - P S Koshy - Full Document

Darshan Singh vs Amarjit Singh @ Surjit Singh @ Kaka Singh ... on 21 July, 2014

Before parting with the judgment, it is apposite to consider the judgments referred to by learned Counsel for the petitioners. No doubt, the judgments have held that ordinarily the applications for conducting the Mahajan Vinay 2014.07.22 10:27 I attest to the accuracy and integrity of this document at Chandigarh CR No.2614 of 2014 #8# DNA test should not be allowed, however, in view of the authoritative judgment of the Hon'ble Supreme Court in Sharda's case (Supra), whereby Goutam Kundu's case(Supra) has also been discussed and thereafter distinguished, the judgments relied upon by petitioners are of little help to them.
Punjab-Haryana High Court Cites 9 - Cited by 5 - J Singh - Full Document
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