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1 - 9 of 9 (0.54 seconds)Section 112 in The Indian Evidence Act, 1872 [Entire Act]
Ramkanya Bai vs Bharatram on 22 October, 2009
Learned Counsel on behalf of petitioner-Swaran Kanta has
argued that learned trial Court has directed her to give blood sample for the
purpose of DNA test, although she was neither a party to the lis nor any
notice of the application was given to her and thus, the order directing
Swaran Kanta to give her blood sample is against the law. It has been
further argued that Swaran Kanta was married in the year 1986 and there is
a possibility of her being Bastardized if DNA result does not match with
Darshan Singh. Thus, prayer was made on her behalf as well for setting
aside the impugned order. To support their case, learned Counsel for 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 #4#
petitioners has relied upon Goutam Kundu Vs. State of West Bengal &
Anr. (1993)3 Supreme Court Cases 418, Banarsi Dass Vs. Teeku Dutta
(Mrs.) & Anr. (2005)4 Supreme Court Cases 449 & Ramkanya Bai Vs.
Bharatram (2010)1 Supreme Court Cases 85 to argue that the Courts
should not allow such applications as a matter of routine and there has to be
a strong case met out for ordering such a test, especially when the party is
not willing to give the blood samples.
Rohit Shekhar vs Shri Narayan Dutt Tiwari & Anr. on 23 September, 2011
Not only this, the Hon'ble Delhi High Court in Shri Rohit Shekhar
Vs. Shri Narayan Dutt Tiwari & Anr. 2011(2) CCC 88, after considering
all the judgments of the Hon'ble Supreme Court as well as by referring to
the three Judges Bench of Hon'ble Supreme Court in Sharda's case (Supra)
has culled out the following principles:-
Section 4 in The Indian Evidence Act, 1872 [Entire Act]
Goutam Kundu vs State Of West Bengal And Anr on 14 May, 1993
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.
Section 125 in The Code of Criminal Procedure, 1973 [Entire Act]
Shri Banarsi Dass vs Mrs. Teeku Dutta And Anr on 27 April, 2005
Learned Counsel on behalf of petitioner-Swaran Kanta has
argued that learned trial Court has directed her to give blood sample for the
purpose of DNA test, although she was neither a party to the lis nor any
notice of the application was given to her and thus, the order directing
Swaran Kanta to give her blood sample is against the law. It has been
further argued that Swaran Kanta was married in the year 1986 and there is
a possibility of her being Bastardized if DNA result does not match with
Darshan Singh. Thus, prayer was made on her behalf as well for setting
aside the impugned order. To support their case, learned Counsel for 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 #4#
petitioners has relied upon Goutam Kundu Vs. State of West Bengal &
Anr. (1993)3 Supreme Court Cases 418, Banarsi Dass Vs. Teeku Dutta
(Mrs.) & Anr. (2005)4 Supreme Court Cases 449 & Ramkanya Bai Vs.
Bharatram (2010)1 Supreme Court Cases 85 to argue that the Courts
should not allow such applications as a matter of routine and there has to be
a strong case met out for ordering such a test, especially when the party is
not willing to give the blood samples.
Sharda Singh vs Mahendra Pal Singh on 10 May, 2010
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.
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