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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.
Supreme Court of India Cites 2 - Cited by 16 - T Chatterjee - Full Document

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.
Supreme Court of India Cites 13 - Cited by 225 - S Mohan - Full Document

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.
Supreme Court of India Cites 13 - Cited by 96 - A Pasayat - Full Document

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.
Allahabad High Court Cites 0 - Cited by 4 - R Sharma - Full Document
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