Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872-Section 112 Indian Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Evidence Act, 1872-Section 112 : Direction for DNA test given in a proceeding for issuance of Succession Certificate-Propriety of-Held: The purpose of issuing Succession Certificate is to facilitate collection of dues and to protect debtors dealing with the alleged representatives of the deceased persons and not to establish the title of the grantee-The scope of enquiry is very limited and the parties are required to prove their respective cases by such evidence produced during trial rather than creating evidence by DNA test-Direction for DNA test may be given only in deserving cases and not as a matter of routine-Indian Succession Act, 1925-Section 372. Conclusive presumption under-The child born of a married woman is deemed to be legitimate and burden of proving illegitimacy is on the person alleging it-Law in general presuming against vice and immorality and that every person is legitimate. DNA test-Conclusiveness of presumption under Section 112-Held: Cannot be rebutted by DNA test-Proof of non-access to each other is the only way to rebut that presumption. Maxims-pater est quern nuptiae demonstrant-Meaning of Respondent no. 1 filed a petition for grant of Succession Certificate in respect of properties of the deceased claiming herself to be his daughter. Appellant filed objection alleging that respondent no. 1 was not the daughter of the deceased and moved an application for DNA test to establish the paternity of respondent no. 1 Trial court allowed the application. Respondent no. 1 preferred revision. High Court held that such a direction could not be given as the scope of the enquiry was very limited and the trial court being a testamentary court ought to have left the parties to prove their respective cases by such evidence produced during trial, rather than creating evidence by directing DNA test. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 233 |
Petitioner | Shri Banarsi Dass |
Respondent | Mrs. Teeku Dutta And Anr. |
SCR | [2005] 3 S.C.R. 923 |
Judgement Date | 2005-04-27 |
Case Number | 2918 |
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