Search Results for "Illegitimacy"

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Search Results for "Illegitimacy"

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Supreme Court

Supreme Court Allows Mother's Appeal in Maintenance Case: DNA Test Cannot Rebut Presumption of Legitimacy Under Section 112 of Indian Evidence Act, 1872. The Court held that a child born during a valid marriage is entitled to maintenance from the legal father despite a negative DNA test, as the presumption of legitimacy is conclusive and can only be rebutted by proof of non-access.

21 Apr 2026

The appellant, was employed as domestic help in the residence of the respondent, for three years, during which the respondent established a sexual rel...

Supreme Court

Supreme Court Issues Comprehensive Guidelines to Combat Child Marriage in India — Emphasizes Constitutional Rights and International Obligations. The Court held that child marriage violates fundamental rights and directed stronger enforcement of the Prohibition of Child Marriage Act, 2006, along with preventive and support measures.

18 Oct 2024

The Supreme Court of India delivered a landmark judgment in a public interest litigation filed by the Society for Enlightenment and Voluntary Action, ...

High Court

Bombay High Court Allows Revision in Succession Case — Marriage of Deceased with Applicant No.1 Proved Valid, Entitling Her and Daughter to Succession Certificate. Court holds that presumption of marriage under Section 114 of Indian Evidence Act, 1872 applies when long cohabitation and public recognition are established, and that the Succession Court cannot decide title but only grant certificate to the person entitled.

3 Oct 2023

The applicants, Smt. Aruna Gautam Kamble and her minor daughter Sneha, filed a Miscellaneous Application under Section 372 of the Indian Succession Ac...

High Court

Bombay High Court Upholds Life Sentence for Father Who Murdered His Two Children Due to Suspicion of Illegitimacy. Conviction under Section 302 IPC for double murder of daughter and son based on circumstantial evidence and extra-judicial confession.

28 Apr 2023

The appellant, Syed Wahab Sayed Mir, was convicted by the Additional Sessions Judge, Basmathnagar, in Sessions Trial No.31/2013 for the murder of his ...

High Court

Bombay High Court Dismisses Petition Challenging Denial of Compassionate Appointment Due to Third Child Born After 2001. Clause-E of Government Resolution dated 28-3-2001 held constitutional and not violative of Article 14 as it promotes family planning.

19 Apr 2023

The petitioner, Musaddique Ahmad Khan, is the son of a deceased Assistant Teacher, Muqaddar Khan Mumtaz Khan, who died in harness on 2 September 2015....

Supreme Court

Supreme Court Quashes DNA Test Order in Property Dispute, Upholds Plaintiff's Right to Refuse Test. The court held that DNA test cannot be directed as a matter of routine, presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872 requires strong preponderance to rebut, and plaintiff's evidence including affidavits showing admission by defendants could suffice without DNA test.

1 Oct 2021

The dispute arose from a civil suit filed by the appellant, Ashok Kumar, seeking a declaration of ownership over property left by late Trilok Chand Gu...

High Court

High Court of Karnataka Upholds Tribunal Order for Compassionate Appointment in Railways — Son from Second Wife Entitled to Consideration. Relationship of father and son established by birth certificate and school records, not dependent on legitimacy under personal law.

6 Dec 2016

The case involves a writ petition filed by the Union of India and the Senior Divisional Personnel Officer, South Western Railway, challenging an order...

High Court

High Court of Karnataka Upholds CAT Order for Compassionate Appointment of Son from Second Wife in Railway Service Dispute. Central Administrative Tribunal's Review Allowed as Error Apparent on Record Regarding Consideration of Second Wife's Son for Compassionate Appointment Under Railway Servants (Revised Pay) Rules, 2008.

14 Nov 2016

The case involves a writ petition filed by the Union of India and railway authorities against an order of the Central Administrative Tribunal (CAT) da...

High Court

Bombay High Court Revokes Heirship Certificate Granted Under Bombay Regulation VIII of 1827 Due to Suppression of Material Facts and Non-Joinder of Other Legal Heirs. The court held that an heirship certificate obtained by suppressing the existence of other legal heirs is liable to be revoked.

22 Oct 2013

The petitioners, being the widow, daughter, minor son, and mother of the deceased Bhimrao Anand Jadhav, filed a petition seeking revocation of an heir...

High Court

Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

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