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Landmark Judgments and Articles on Law

Whether Family court can force medical test in matrimonial cases?

Supreme Court of India Sharda vs Dharmpal on 28 March, 2003 Equivalent citations: AIR 2003 SC 3450, 2003 (3) ALT 41 SC, 2003 (2) AWC 1534 SC, 2003 (2) BLJR 1420, 2003 (2) CTC 760, I (2003) DMC 627 SC, 2004 (1) JCR 98 SC,…

Whether court can compel the victim of Rape to undergo DNA test?

ALLAHABAD HIGH COURT Case :- CRIMINAL REVISION No. – 477 of 2021 Revisionist :- Gulafsa Begum Opposite Party :- State of U.P. Coram: Hon’ble Mrs. Sangeeta Chandra,J. Dated:  3.12.2021 (1) Heard the learned counsel for the parties and perused the record. (2) This Criminal Revision has…

Whether in a declaratory suit, the court can compel the plaintiff against his wishes to undergo the DNA test?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6153 OF 2021 (Arising out of SLP(C) No.11663 of 2019) ASHOK KUMAR …APPELLANT(S) VERSUS RAJ GUPTA & ORS. …RESPONDENT(S) J U D G M E N T Hrishikesh Roy, J. Leave granted. 2….

BAIL, Consensual sex is not Rape

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.205 OF 2020 Vishnu Sitaram Sarode Applicant versus The State of Maharashtra Respondent Mr.Ganesh Gupta i/by G.G.Legal Associates for applicant. None present for Respondent no.2. Mr.S.R.Agarkar, APP, for State. CORAM : PRAKASH…

Whether the court can direct wife to undergo DNA test in Divorce proceeding on the ground of adultery?

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. – 43 Case :- MATTERS UNDER ARTICLE 227 No. – 7442 of 2019 Petitioner :- Smt. Neelam VS. Respondent :- Ram Asrey Counsel for Petitioner :- Salman Ahmad Counsel for Respondent :- Vijay Bahadur Shivhare Hon’ble Vivek…

Sec.125 Paternity and DNA test

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present: The Hon’ble Justice Debi Prosad Dey CRR No. 3464 of 2016 Minor Seema Mahato…………………………….Petitioner Versus Alok Mahato & Anr. For the Appellant/ : Mr. Dhruba Mukherjee Petitioner For the Respondent/ Opposite party :…

Refusal of father to accept marriage does not amount to false pretext by accused; Rape convict acquitted

IN THE HIGH COURT AT CALCUTTA Criminal Appellate Jurisdiction APPELLATE SIDE BEFORE:-  THE HON’BLE JUSTICE RAJASEKHAR MANTHA C.R.A. No. 384 of 2008 KALAM SK. VERSUS THE STATE OF WEST BENGAL For the Appellant : Mr. Subhrajyoti Dey, Adv. Judgment On : 20.09.2018 Rajasekhar Mantha, J.:- 1….

Rape accused acquitted in light of failure to conduct DNA test that could be a clinching evidence to prove the case

Ganesh Pralhad Sontakke v. State of Maharashtra, Crl. Appeal No. 545 of 2005, dated 25-07-2018]

DNA test to establish paternity and Right to Privacy

Delhi High Court Alika Khosla vs Thomas Mathew And Anr. on 20 December, 2001 Equivalent citations: 2002 (62) DRJ 851 Bench: V Aggarwal JUDGMENT V.S. Aggarwal, J. 1. The main question which craves for an answer is as to whether the petitioner can resist the…

Delay in FIR acquitted in Section 376 of I.P.C

IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD CRIMINAL APPEAL NO.115 OF 2016 Pralhad s/o Pundlik Nawade Age : 24 years, Occu : Driver, R/o. Manyarkheda, Tq. Bhusawal, Dist. Jalgaon .. Appellant Versus The State of Maharashtra, Through Varangaon Police Station, Tq….


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