Delhi HC Directs Expeditious DNA Testing Of Bodies Of Riot Victims Without Waiting For Court Orders [Read Order]
4 years, 11 months ago

Delhi HC Directs Expeditious DNA Testing Of Bodies Of Riot Victims Without Waiting For Court Orders [Read Order]

Live Law  

The Delhi High Court has directed the Delhi Government to not to wait for court's order before conducting DNA testing of persons killed during the Delhi Riots. While noting that there's no law that requires the prior permission of the court before conducting DNA testing, the Single Bench of Justice Navin Chawla ordered the Delhi Government to expedite the process of DNA matching test and to complete the same positively within a period of fifteen days. Mr Naushad Ahmed Khan, who appeared for Delhi Government, informed the court that the government was waiting for the court's order on DNA testing. In light of these submissions, the court directed to expedite the said process of DNA testing and complete the same within a period of 15 days from the date of the passing of this order.

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History of this topic

Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs
1 year, 3 months ago

Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs

Live Law  

The Delhi High Court has set aside an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs.Justice Navin Chawla allowed the petition moved by persons claiming to be legal heirs of …

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape
1 year, 7 months ago

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape

Live Law  

The Chhattisgarh High Court has recently rejected applications filed by two men, accused of committing gang rape on a minor girl, for conducting DNA test of the child born to the victim subsequent to the gang rape. The Division Bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held the demand for DNA test as a violation of the …

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children
1 year, 9 months ago

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children

Live Law  

Terming it a case with an unusual prayer, the Delhi High Court has dismissed a woman's plea seeking directions for her husband and father-in-law to submit their DNA Samples before a DNA profiling agency in Rohini. The woman along with her two children had approached the court after the father-in-law allegedly "cast doubt" on their identity by claiming that "they …

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court
1 year, 11 months ago

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court

Live Law  

The Bombay High Court recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking DNA testing should be thwarted at the very inception. The child is the one on test, not the mother, the court said adding that absolute need and necessity for …

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs
2 years ago

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs

Live Law  

The Delhi High Court has stayed an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs. Justice Rekha Palli observed that the Tribunal failed to appreciate that a DNA test cannot …

Supreme Court says cannot order DNA test of child to prove infidelity charge
2 years, 1 month ago

Supreme Court says cannot order DNA test of child to prove infidelity charge

India Today  

The Supreme Court has said that the DNA test of a minor child cannot be ordered routinely in matrimonial disputes involving allegations of infidelity. READ | DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court "Children have the right not to have their legitimacy questioned frivolously before a Court of Law. The …

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court
2 years, 2 months ago

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court

Live Law  

The Bombay High Court recently dismissed a man’s petition challenging the grant of maintenance to his wife, observing that a claim regarding wife's refusal during cross examination to undergo DNA test for ascertaining the paternity of girl child is not sufficient to draw an adverse inference. Justice Kishore C. Sant of the Aurangabad bench said: “Mere submission that question was …

Delhi: HC seeks report from govt on formulating SOPs for DNA testing
2 years, 2 months ago

Delhi: HC seeks report from govt on formulating SOPs for DNA testing

India TV News  

Delhi: HC seeks report from govt on formulating SOPs for DNA testing The court's order was passed while dealing with a petition filed in March 2020 by a man who asked authorities to expeditiously conclude the process of DNA matching to find out if one of the recovered bodies was that of his brother's. The Delhi High Court on Friday …

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
2 years, 7 months ago

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent. The court was dealing with a petition under Article 227 of the …

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute
2 years, 7 months ago

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the lower court rejecting an application for compelling an individual to undergo a DNA Test in an ongoing suit for partition. The Court held that the presumption provided under Section 112 of the Evidence Act is rebuttable and that the Petitioner would get every opportunity to rebut the …

HC asks Delhi govt to consider early re-testing of positive international travellers
3 years, 2 months ago

HC asks Delhi govt to consider early re-testing of positive international travellers

Deccan Chronicle  

New Delhi: The Delhi High Court on Tuesday said that in case there were no guidelines issued by the Centre, it expected the city government to expeditiously consider the issue of early re-testing of international travellers who test positive for COVID-19 on arrival. Justice Rekha Palli, who was hearing a petition by a mother whose 18-year-old son from the United …

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC
3 years, 3 months ago

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC

India Today  

The Allahabad High Court on Thursday held that a rape survivor cannot be compelled to allow her baby to undergo DNA test for determining paternity. The Lucknow bench set aside an order of a POCSO court which had directed for DNA test of the baby on the plea of the minor accused in the rape case. During trial before Juvenile …

Forced DNA test infringes personal liberty, right to privacy: Supreme Court
3 years, 5 months ago

Forced DNA test infringes personal liberty, right to privacy: Supreme Court

India TV News  

The Supreme Court has said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual. "Whether a person can be compelled to provide a sample for DNA in such matters can also …

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court
3 years, 5 months ago

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court

India Today  

The Supreme Court said on Friday that DNA tests should not be ordered routinely but only in deserving cases. Forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of the individual, the apex court added. "Whether a person can be compelled to provide a sample for DNA in such matters can also …

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test
3 years, 5 months ago

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test

News 18  

The Supreme Court Friday said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual. “Whether a person can be compelled to provide a sample for DNA in such matters can also …

Trial Court's Direction Of Obtaining Fresh Blood Sample Of Accused Does Not Amount To Further Investigation: Delhi High Court
3 years, 6 months ago

Trial Court's Direction Of Obtaining Fresh Blood Sample Of Accused Does Not Amount To Further Investigation: Delhi High Court

Live Law  

The Delhi High Court has observed that a Trial Court's direction of obtaining fresh blood sample of an accused does not amount to further investigation or fresh investigation within the meaning of sec. Justice Manoj Kumar Ohri was dealing with a Petition filed by a man, accused of committing unnatural sex with a 4 year old minor child, challenging a …

Delhi Govt Shall Ensure That COVID Testing Results Are Conveyed To The Person Within 24 Hours: Delhi HC [Read Order]
4 years, 5 months ago

Delhi Govt Shall Ensure That COVID Testing Results Are Conveyed To The Person Within 24 Hours: Delhi HC [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to submit a status report stating how it is planning to streamline the system to ensure that the testing results are conveyed to the concerned person within 24 hours of taking of the sample. The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad further noted that if the mobile number …

Section 112 IEA, And The DNA Test: Dissecting The Law
4 years, 7 months ago

Section 112 IEA, And The DNA Test: Dissecting The Law

Live Law  

Section 112 of Indian Evidence Act, 1872, which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Further, if a person declines to comply with the directions issued by court, a presumption of the nature contemplated in Section 114 illustration of the Act could be taken, …

Rapid Antigen Tests To Be Provided In All Govt Dispensaries, Priority Will Be Given To Special Surveillance Groups: Delhi Govt Informs Delhi HC [Read Order]
4 years, 8 months ago

Rapid Antigen Tests To Be Provided In All Govt Dispensaries, Priority Will Be Given To Special Surveillance Groups: Delhi Govt Informs Delhi HC [Read Order]

Live Law  

Delhi Government has informed the Delhi High Court that as per the order passed on July 09, Rapid Antigen Testing would be offered in all the Delhi Government run dispensaries and poly clinics on all working days, from 9 AM to 12 noon. The Delhi Government will further ensure that the Special Surveillance Groups are tested on priority. Today, the …

Delhi Riots: Delhi HC Directs FSL To Expeditiously Conduct DNA Test Of A Charred Body [Read Order]
4 years, 11 months ago

Delhi Riots: Delhi HC Directs FSL To Expeditiously Conduct DNA Test Of A Charred Body [Read Order]

Live Law  

Delhi High Court has directed the Forensic Science Laboratory to expeditiously conduct DNA Test of a charred body which is claimed to be related to the riots that broke out in the northeast districts of Delhi. The Single Bench of Justice Vibhu Bakhru has directed FSL to complete the test and communicate its results as expeditiously as possible and in …

Courts Cannot Routinely Order Determination of Paternity By Way of DNA Tests: MP High Court[Read Judgment]
5 years ago

Courts Cannot Routinely Order Determination of Paternity By Way of DNA Tests: MP High Court[Read Judgment]

Live Law  

The Madhya Pradesh High Court has held that the courts cannot routinely order determination of paternity by way of DNA tests as forcefully subjecting someone to medical examination violates their right to privacy. The order takes cue from a decision of the Supreme Court in Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission For Women & Anr., 8 SCC …

Delhi Riots : HC Restraints Disposal Of Unidentified Dead Bodies Until Further Orders; Directs Collection Of DNA Samples & Videography Of Postmortem
5 years ago

Delhi Riots : HC Restraints Disposal Of Unidentified Dead Bodies Until Further Orders; Directs Collection Of DNA Samples & Videography Of Postmortem

Live Law  

The Delhi High Court on Friday ordered all the government hospitals to preserve the DNA Samples and to conduct videographed post-mortem of all those who died during riots in North Eastern districts of Delhi. A division bench comprising Justice Sidhharth Mridul and Justice IS Mehta has also directed the hospitals not to dispose of any unidentified dead body, until further …

Delhi HC directs hospitals to preserve DNA samples of Delhi riot victims
5 years ago

Delhi HC directs hospitals to preserve DNA samples of Delhi riot victims

Op India  

On Friday, a Bench of Delhi High Court comprising of Justices Siddharth Mridul and I S Mehta directed all hospital authorities to preserve the DNA samples of those who died during the Anti-Hindu riots in Northeast Delhi. The Delhi High Court also ordered to video record the post-mortems of those killed in the riots. The directions came at the backdrop …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 4 months ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

DNA Test Cannot Be Ordered Without There Being Appropriate Satisfaction For Its Requirement: SC [Read Judgment]
5 years, 7 months ago

DNA Test Cannot Be Ordered Without There Being Appropriate Satisfaction For Its Requirement: SC [Read Judgment]

Live Law  

The Supreme Court has observed that DNA test cannot be ordered without there being appropriate satisfaction for requirement of such test.In this case, FIR was registered under Sections 465, 468, 471 and 420 IPC against the accused alleging that he obtained fake caste certificate. The Supreme Court has observed that DNA test cannot be ordered without there being appropriate satisfaction …

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC
5 years, 9 months ago

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC

Live Law  

Rajasthan High Court held that the courts have to be very careful and sensitive to the circumstances before passing orders for getting the DNA test conducted for establishment of paternity in a case. Background Bench of Justice Sanjeev Prakash Sharma was hearing a petition whereby petitioner husband had challenged the order of a Civil Judge, rejecting his application for demanding …

Delhi HC Orders CBI Probe Into Irregularities In DNA Reports Submitted By Forensic Science Laboratory, Delhi [Read Judgment]
6 years, 7 months ago

Delhi HC Orders CBI Probe Into Irregularities In DNA Reports Submitted By Forensic Science Laboratory, Delhi [Read Judgment]

Live Law  

In an unprecedented order, the Delhi High Court on Tuesday directed the Central Bureau of Investigation to look into the irregularities noticed by it in certain DNA reports prepared by Forensic Science Laboratory, Delhi.The Bench comprising Justice Vipin Sanghi and Justice P.S. In an unprecedented order, the Delhi High Court on Tuesday directed the Central Bureau of Investigation to look …

Delhi HC Orders CBI Probe Into Irregularities In DNA Reports Submitted By Forensic Science Laboratory, Delhi [Read Judgment]
6 years, 7 months ago

Delhi HC Orders CBI Probe Into Irregularities In DNA Reports Submitted By Forensic Science Laboratory, Delhi [Read Judgment]

Live Law  

In an unprecedented order, the Delhi High Court on Tuesday directed the Central Bureau of Investigation to look into the irregularities noticed by it in certain DNA reports prepared by Forensic Science Laboratory, Delhi.The Bench comprising Justice Vipin Sanghi and Justice P.S. In an unprecedented order, the Delhi High Court on Tuesday directed the Central Bureau of Investigation to look …

CBI skipped 'crucial test' in Aarushi murder case as it was 'expensive'
7 years, 5 months ago

CBI skipped 'crucial test' in Aarushi murder case as it was 'expensive'

Deccan Chronicle  

New Delhi: Even as the CBI maintained that it’s investigators collected all circumstantial and “scientific” evidence in the Aarushi-Hemraj double murder case to nail the accused, the CBI did not go for the crucial “‘Touch-DNA” as it was apparently “expensive”. “Neither the circumstances nor the evidence was enough to hold them guilty,” said the high court in its order. “A …

DNA tests cannot be ordered to prove ‘bald allegations’ of infidelity: Delhi HC summarizes principles for ordering DNA test [Read Judgment]
8 years, 6 months ago

DNA tests cannot be ordered to prove ‘bald allegations’ of infidelity: Delhi HC summarizes principles for ordering DNA test [Read Judgment]

Live Law  

In an elaborate judgment which discusses principles and precedents governing consideration of application seeking direction for a DNA test, a Division Bench of Delhi High Court has held that the strong presumption under Section 112 of the Indian Evidence Act of legitimacy of a child born during marriage can only be rebutted by “strong, clear, satisfying and conclusive” evidence. In …

Tiwari moves HC, files appeal against order to open DNA report
12 years, 7 months ago

Tiwari moves HC, files appeal against order to open DNA report

Firstpost  

Veteran Congress leader ND Tiwari moved the Delhi High Court today against its single judge’s order to open his DNA report tomorrow to decide the paternity suit of a youth claiming to be his biological son. New Delhi: Veteran Congress leader ND Tiwari moved the Delhi High Court today against its single judge’s order to open his DNA report tomorrow …

High Court asks N D Tiwari to give blood sample on May 26
12 years, 10 months ago

High Court asks N D Tiwari to give blood sample on May 26

India TV News  

New Delhi, May 21: Congress leader N D Tiwari was today asked by the Delhi High Court to appear in person on May 26 before it to give blood sample for a DNA test to decide the paternity suit of a man claiming to be his son. “Defendent number 1 is directed to appear on May 26 at 12 noon …

ND Tiwari restrained from leaving India until DNA test
12 years, 10 months ago

ND Tiwari restrained from leaving India until DNA test

Firstpost  

The Delhi High Court Monday restrained veteran Congress leader ND Tiwari from leaving India until he furnishes his blood sample for a DNA test. New Delhi: The Delhi High Court Monday restrained veteran Congress leader ND Tiwari from leaving India until he furnishes his blood sample for a DNA test. There is an urgent need of blood sample for DNA …

High Court says, N D Tiwari should be compelled to undergo DNA paternity test
12 years, 10 months ago

High Court says, N D Tiwari should be compelled to undergo DNA paternity test

India TV News  

New Delhi, Apr 27: The Delhi High Court today said that veteran Congress leader N D Tiwari can be compelled to give blood sample for DNA test in the paternity suit filed by a youth claiming to be his biological son. Setting aside a single judge bench's September 2011 order that 86-year-old Tiwari cannot be compelled to give his blood …

N D Tiwari Adamant Against DNA Test, SC Refuses Relief
14 years ago

N D Tiwari Adamant Against DNA Test, SC Refuses Relief

India TV News  

New Delhi, Mar 18: Veteran Congress leader N D Tiwari today refused to disclose his preferred mode of DNA test on him after which the Supreme Court rejected his prayer for a stay on the medical procedure. A bench of justices Aftab Alam and R M Lodha, which had asked Tiwari to tell the procedure preferred by him for the …

High Court asks Tiwari to undergo DNA test
14 years, 2 months ago

High Court asks Tiwari to undergo DNA test

The Hindu  

In a setback to veteran Congress leader N. D. Tiwari in the three—year old paternity battle, the Delhi High Court today directed him to undergo a DNA test on a suit filed by a young man claiming to be his biological son. Mr. Tiwari, who has held the posts of Chief Minister of undivided Uttar Pradesh and later Uttarakhand, had …

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