Search Results Page

Search Results

1 - 5 of 5 (0.39 seconds)
Documents citing Sube Singh vs Smt. Shanti Devi And Others on 10 March, 2014

Mahmudul Hasan Akbar [email protected]. ... vs Mahmuda Begum (Dead) on 25 January, 2022

10. On the contrary Learned Counsel for the defendants/petitioners argued that after the death of aforesaid Mahmuda Begum and Asgar Ali, present plaintiffs filed revised plaint and manufactured new story, as new cause of action through alleged Kabil-nama and marriage invitation card. Normal blood relation cannot be established upon assumption and presumption to decide and/or to ascertain the blood relation if any between plaintiffs and defendants. Since technology has developed and modern tools are available, in ascertaining blood relation about the direct maternal and paternal line, so the close matches with individuals can only give indication about common ancestors. The defendants/appellants denied all other material allegations including the allegation that Asgar Ali had gone to East Pakistan to embrace Shia Sect or that Akbar Ali was a Sunni Muslim. According to the defendants, the DNA test will set at rest the dispute between plaintiff and defendants, that had arisen in the partition suit and truth can be easily unveiled through comparison of the Genetic Code of the parties through DNA test to establish relationship in between plaintiffs and defendants. Learned Trial Court committed error in rejecting the prayer of an order of DNA test on the pretext that such prayer has been made by the petitioners to shift the burden of proof of blood relation upon the shoulder of the medical test. Learned Counsel for defendants/appellants in support of their contention relied upon a judgment of Delhi High Court reported in AIR 2012 Delhi 162 and an unreported judgment of Punjab and Haryana High Court passed in CR No. 1333 of 2013 (Sube Singh vs. Smt. Shanti Devi and others).
Calcutta High Court (Appellete Side) Cites 10 - Cited by 2 - Full Document

Jasbir Singh @Gogga vs Parmod Kumar And Ors on 11 March, 2015

"Before we proceed to consider the rival submissions, we deem it necessary to understand what exactly DNA test is and ultimately its accuracy. All living beings are composed of cells which are the smallest and MAHAVIR SINGH 2015.03.16 16:16 I attest to the accuracy and authenticity of this document Chandigarh CR No.1741 of 2015 5 basic unit of life. An average human body has trillion of cells of different sizes. DNA (Deoxyribonucleic Acid), which is found in the chromosomes of the cells of living beings, is the blueprint of an individual. Human cells contain 46 chromosomes and those 46 chromosomes contain a total of six billion base pair in 46 duplex threads of DNA. DNA consists of four nitrogenous bases - adenin, thymine, cytosine, guanine and phosphoric accid arranged in a regular structure. When two unrelated people possessing the same DNA pattern have been compared, the chances of complete similarity are 1 in 30 billion to 300 billion. Given that the Earths population is about 5 billion, this test shall have accurate result. It has been recognized by this Court in the case of Kamti Devi (supra) (Cit.
Punjab-Haryana High Court Cites 10 - Cited by 0 - Sabina - Full Document

Ram Ji Lal And Others vs Dariyav Singh And Others on 8 November, 2021

Prima-facie it appears from a reading of the plaint that the plaintiff-respondent Nos.1 and 2 were depicted as co-sharers in the jamabandi for the year 2014-15 and were not parties before the consolidation authorities. It is also not in dispute that the plaintiff-respondent Nos.1 and 2 were at no point of time served in the consolidation proceedings. In fact, the only ground raised in the application under Order 7 Rule 11 CPC read with Section 151 CPC for rejection of the plaint is that the jurisdiction of the Civil Court was barred in view of the provisions of Section 44 of the Consolidation Act. This issue is no longer res integra in view of the law laid down in the case of Sube Singh (supra).
Punjab-Haryana High Court Cites 5 - Cited by 0 - A Sarin - Full Document

Baby vs Union Of India And Ors on 18 October, 2016

In view of the consistent ratio of law laid down in the cases mentioned above, the DNA test to determine the paternity of a child can be ordered only in deserving cases where it is eminently required for the just conclusion of the case. It cannot be ordered merely on the asking of a party to the litigation as a matter of routine as the paternity of a child carries the presumption under Section 112 of the Indian Evidence Act. In the instant case, the petitioner/plaintiff is in fact a stranger to the family of defendant/respondent No.4-Tanuj. Moreover, the petitioner/plaintiff has not placed on record any material to satisfy the test of strong prima facie case to seek the DNA testing. As already mentioned, the paternity of defendant/respondent No.4-Tanuj was never in dispute in the previous litigation in which the mother of the petitioner/plaintiff was a party through whom she is claiming the rights in the present suit.
Punjab-Haryana High Court Cites 3 - Cited by 0 - Full Document
1