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Hindu Succession Act, 1956 – Evidence Act, 1872 – Section 112 – Declaration of ownership of property – Defendants have denied that the plaintiff is their brother or the son of their parents – High Court directed the plaintiff to undergo the DNA test – Appeal against – DNA test is not to be directed as a matter of routine but only in deserving cases – When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy – Respondent cannot compel the plaintiff to adduce further evidence in support of the defendants’ case – In any case, it is the burden on a litigating party to prove his case adducing evidence in support of his plea and the court should not compel the party to prove his case in the manner, suggested by the contesting party – Impugned judgment merits interference and is set aside – Appeal allowed.
by Sekar Reporter · Published October 18, 2021
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Vijayaragan Mhc Advt: Continuing his colourful form with the gavel, Justice Anand Venkatesh, has scored another scintillating knock, during these Pandemic times. Not resting on his laurels, dispensing with the requirement of ‘decree drafting’ in motor accidents claims, by orders dt.11/5/2020, in existence for 64 long years, he has now stepped into a 17 year old vintage vexed issue.
by Sekar Reporter · Published May 14, 2020
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Judge held that the petitioner cannot ask for release of amount as loan from the funds lying in the Contributory Pension Scheme (CPS) in the absence of any provisions to do so and unless or otherwise the Government Order is suitably modified or repealed in toto, this Court cannot issue a blanket direction to the Government. [5/23, 13:37] Sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.03.2021 CORAM THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.6289 of 2021 R.Durairaj
by Sekar Reporter · Published May 23, 2021