Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Declaratory suit Test of eminent need |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Declaratory suit – Plaintiff, if can be subjected to DNA test against will – Test of eminent need – Declaratory suit filed by appellant-plaintiff claiming ownership over coparcenary property of respondents-defendants’ parents – Defendants sought plaintiff’s DNA test – Application dismissed – Revision Petition – Allowed by High Court – On appeal, held: In the present case, the application to subject the plaintiff to a DNA Test is in a declaratory suit – Plaintiff has already adduced evidence and is not interested to produce additional evidence (DNA) to prove his case – It is now the turn of the defendants to adduce their evidence – Trial Court rightly questioned the timing of their application and dismissed it – Defendants cannot compel the plaintiff to adduce further evidence in support of their case – Appellant brought on record the evidence in his support which as per him adequately establishes his case – Nature of further evidence to be adduced by the plaintiff (by providing DNA sample), need not be ordered by the Court at the instance of the other side – In such litigation where the interests are to be balanced and the test of eminent need is not satisfied, the protection of the right to privacy of the plaintiff should get precedence – Impugned judgment set aside – Order passed by Trial Court restored – Evidence Act, 1872 – ss.112, 114 – Constitution of India. Evidence Act, 1872 – s.112 – Held: Indian law leans towards legitimacy and frowns upon bastardy – Presumption of legitimacy of a child can only be displaced by strong preponderance of evidence, and not merely by balance of probabilities. Constitution of India – Right to privacy – DNA Tests – Test of proportionality – Discussed. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2021 INSC 587 |
Petitioner | Ashok Kumar |
Respondent | Raj Gupta & Ors. |
SCR | [2021] 6 S.C.R. 1113 |
Judgement Date | 2021-10-01 |
Case Number | 6153 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |