Search Results for "DNA paternity exclusion"

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Search Results for "DNA paternity exclusion"

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High Court

High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

3 Sep 2014

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

High Court

High Court of Karnataka Considers Challenge to Order Allowing DNA Test Under Order XXVI Rule 10A CPC in Partition Suit. Petition Raises Questions of Right to Privacy Under Article 21 and Applicability of Section 112 of the Indian Evidence Act, 1872.

1 Sep 2025

The writ petition under Article 227 of the Constitution of India was filed by the third defendant in a partition suit, O.S. No. 89 of 2016, challengin...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

High Court of Karnataka Quashes POCSO and Rape Charges Against Accused in Child Pregnancy Case — DNA Report Excludes Accused as Biological Father of Foetus. Court holds that where DNA analysis conclusively excludes the accused as the biological father of the foetus, the entire prosecution case collapses and further proceedings would be an abuse of process of law under Section 482 Cr.P.C.

15 Sep 2022

The petitioner, Sri Swamy B., an accused in Crime No.70/2021 registered at T.N.Pura Police Station, filed a petition under Section 482 of the Code of ...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Finding of Joint Family Property and Rejects Claim of Prior Partition. The court held that the suit properties were ancestral joint family properties and that the alleged prior partition was not proved, thereby affirming the decree for partition and separate possession.

6 Jun 2025

The case involves a dispute over partition of properties claimed to be ancestral joint family properties. The appellants (plaintiffs) filed a suit for...

Supreme Court

Supreme Court Upholds Death Penalty for Three Accused in Kidnap, Gang Rape, and Murder Case — Circumstantial Evidence and DNA Linkage Establish Guilt Beyond Reasonable Doubt.

7 Nov 2022

The Supreme Court dismissed appeals by three convicts challenging the common judgment of the Delhi High Court which affirmed their conviction and deat...

High Court

Bombay High Court Dismisses Appeal in POCSO Case; Victim's Testimony Sufficient Despite DNA Exclusion. Conviction Under Section 6 POCSO Act Upheld as Age Proved by School Leaving Certificate Under Section 94 of Juvenile Justice Act.

9 Sep 2021

The criminal appeal arose from the judgment and order dated 14-01-2020 passed by the Special Judge under the Protection of Children from Sexual Offenc...

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