Search Results for "Section 112 Indian Evidence Act"

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Search Results for "Section 112 Indian Evidence Act"

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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...

Supreme Court

Supreme Court Dismisses Appeals by Accused in Smuggling Case; Customs Officers Held Not to Be Police Officers Under Section 25 Evidence Act. Confessional Statements to Customs Officers Admissible; No Violation of Article 20(3) as Accused Not Formally Accused During Inquiry Stage.

18 Oct 1968

The Assistant Collector of Customs filed a complaint against Romesh Chandra Mehta and four others for conspiracy under section 120-B of the Indian Pen...

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...

High Court

High Court of Judicature at Bombay Dismisses Criminal Appeals, Upholds Conviction of Six Accused for Murder under Sections 302, 120B, 149 IPC. Electronic Evidence from CCTV Footage, Despite Defective Section 65B Certificate, Considered Alongside Other Evidence to Confirm Guilt.

5 Jun 2018

This judgment decides six criminal appeals against the conviction and life imprisonment of the accused for the murder of Jitendra Marotrao Gawande at ...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

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 Quashes Appointment of Court Commissioner in Partition Suit — Trial Court Failed to Record Satisfaction That Commissioner Was Necessary for Just Decision Under Order 26 Rule 10 CPC. The Court Remitted the Matter for Fresh Consideration, Holding That the Power Under Order 26 Rule 10 CPC Must Be Exercised Judiciously and Only When Necessary for a Just Decision.

9 Jul 2026

The petitioner, Sri Shivanna, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.02.2022 passed by the...

Supreme Court

Supreme Court Allows Appeal in Criminal Case for Additional Evidence Under Section 391 CrPC — Trust Deed and Resolution Crucial for Defence. The Court held that the appellate court has wide discretion to take additional evidence if necessary for a just decision, and the rejection of applications under Section 391 CrPC was erroneous.

28 Jan 2019

The Supreme Court allowed the appeal filed by Brig. Sukhjeet Singh (Retd.) against the judgment of the Allahabad High Court dated 17.01.2017, which ha...

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...

High Court

Karnataka High Court Quashes Trial Court Order Impounding Agreement of Sale Already Admitted in Evidence; Holds That Once Document Admitted Without Objection, Its Admissibility Cannot Be Challenged Under Karnataka Stamp Act, 1957. The District Court's Revision Under Section 58 Was Maintainable Only by Court or Deputy Commissioner, Not by Private Party.

15 Dec 2022

The writ petition was filed under Articles 226 and 227 of the Constitution of India challenging an order of the Trial Court directing impounding of an...

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