...)(a) Petitioner's father Sh. Bidhi Chand went to Gujarat in January 2008 but he never returned home thereafter. In terms of Section 108 of the Indian Evidence Act, 1972, a person missing for 7 years is... 7 Conciliation Officer in several hearings. Petitioner's father, however, went missing ever since January 2008. It was on.... ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petition...

...employee who has been declared dead on account of his being missing for more than 7 years. The other contention of the learned counsel for the appellant that if a person is missing ...that he is missing for more than seven years can be treated to have “died in harness” for the purposes of Rule 5 of the Rules or not. Rule 5 of the said rule reads as under.... The father of the petitioner had left behind him his wife and four minor children at the relevant time, including the present petitioner. Subsequently, after a period of 7 years (from the date of...

...Evidence Act, in case a person is missing for over 7 years, presumption can be drawn about his death. It is well settled that when a person has been missing and presumed to be de...the father of the petitioner was missing since 12.06.1993 and hence, the chargesheet dated 19.03.1998 and the order of his termination could not have been passed. Learned counsel for the petitioner has...application for compassionate appointment and the petitioner is also not entitled to family pension as he is over 18 years of age.6. I have heard learned counsel for the parties and...

...) As per law, it is imperative to ensure that registration and obtain the death certificate to get the insurance claim. Only court can declare the death of person missing for more than 7 ...Consumer Fora have no authority to declare missing person as dead and cannot issue direction to insurance company for payment of insured amount to his nominee. Since a person can go missing through...declaration of death of a missing person, insured then he may file the certificate before the insurance company for getting the insurance claim. The appeal deserves to be allowed...

...State, entire protocol for tracing out missing person has been followed by putting up posters circulating the photographs etc. However, corpus could not be traced. 3. Reliance is placed on circular dated ...2025 after gap of 24 years. The order denotes that missing person report was lodged and the case is still alive. 2 . The investigation was conducted by the Madhya Pradesh Police...had missing as also the report of the Sub Divisional Officer direct permitting closer of the missing person report. 5. In view of the above, no further orders are called for in the...

...missing for a period of only six years. Even for assuming civil death, the whereabouts of the missing person should be unknown for more than 7 years. In such view of the...sanction and disburse the family pension for the Civil Death of petitioner's husband Ramasamy (Forester) missing from 27.11.2017 based on the representation dated 08.11.2019...pension to the petitioner for the civil death of the petitioner's husband Ramasamy (Forester) missing from 27.11.2017, based on the representation dated 08.11.2019. 2.It is the case of the petitioner...

...lapse of 7 years as per the Indian Evidence Act.4. True, there may not be a specific provision for providing retiral benefits to the dependants/heirs of a man missing. However, after a ...presumed to be dead, by reason of having been missing for more than 7 years. Going through the records, we find that immediately after the husband of the appellant absented himself unauthorizedly from the...not heard of for 7 years by those who naturally would have heard of him, then there is a presumption of civil death and that relates back to the date when he went missing. The law permits such a...

...(the only legal heirs and next-of-kin of the said missing person) have not heard from, about him. for more than 7 years and considering that even the police authorities are not able to trace the...B.P. Colabawalla, J.:— This petition is filed by the wife of the missing person Mathew Louis Mascarenhas (for short the missing person) who is missing since 7 November, 2012, ...declaration under Section 108 of the Indian Evidence Act, 1908. It is stated in the petition that the petitioner's husband (the missing person) had gone for employment on 7 November, 2012 but he did not...

...(the only legal heirs and next-of-kin of the said missing person) have not heard from, about him for more than 7 years and considering that even the police authorities are not able to trace the...B.P. Colabawalla, J.:— This petition is filed by the wife of the missing person Mathew Louis Mascarenhas (for short the missing person) who is missing since 7 November, 2012, ...declaration under Section 108 of the Indian Evidence Act, 1908. It is stated in the petition that the petitioner's husband (the missing person) had gone for employment on 7 November, 2012 but he did not...

...learned counsel for the applicant argued that the person who has been missing for 7 years is to be presumed dead and therefore the presumed date of death of the applicants husband should have bee...15.10.2004. In my considered view, the husband of the applicant has been missing since 1997 and, as per law, he is to be presumed to be dead after 7 years, i.e., in 2004. The court order was to be...instructions dated 5.5.2003 issued by Govt. of India, the maximum time for which a persons name can be kept under consideration for offering appointment on compassionate grounds, is three years. After three...

...did not trace out. However, as per rule the person who was missing for the last 7 years and was not traced out then the said person may be treated as dead. In this regard the applicant made...along with all arréar ith interestthereon; An order directing the respondents, to investigate the matter and make lout actual facts because 7 years have already...:23 FOR APPLICANTS(S) Adv. Mr. T;K.Biswas FOR RESPONDENTS(S) Adv.: Mr. P.K.Roy Notes of The Registry - Order of The Tribunal H.eard Mr. T.K.Biswas, Ld. Counsel for the...

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...-appellants to prove that every effort was made to search whereabouts of the missing person by way of lodging FIR or by way of issuing public notice in newspapers or by leading evidence that no relative of the missing ...the missing person or any other person who are known to the missing person.7. So far as the question of presumption under sec.108 of the Evidence Act is concerned, it is on the plai...Mani Ram was missing on 20.08.1994 and thereafter nobody has given any information as to living status of Mani Ram and therefore, Mani Ram has died in the eye of law and the plaintiff-appellants sought...

... cannot be attributed to the petitioner. It has not been stated as to what steps were taken against those responsible for the missing of files. To make a person wait ... PETITIONER: R CHANDRALAL, AGED 59 YEARS S/O LATE M RAMACHANDRAN NAIR, PALAZHY (NANDAVANAM... JUDGMENT The petitioner was the successful tender pursuant to a tender notice issued by the Municipality on ...

...the dependent of a person who was missing for more than 7 years and after investigation the police could not trace out missing person. The respondent authorities in stead of passing order...with request to declare her husband as deemed dead within the meaning of law on account of being remained traceless/missing from more than seven years and accordingly to grant compassionate...missing of Parasnath Singh, the then Senior Superintendent of Police, Ranchi has already directed for payment of retiral dues to the petitioner no.2 vide Ranchi Disrict Order No.883 of 2013 dated...

..., Section 108 of the Evidence Act entitles to draw a presumption of death for all purposes after 7 years from the date, a person is...declared him a deserter under Section 106 of the Army Act and after waiting for three years, on 5-11-1998 the said Mr.... Radhakrishnan was dismissed from service. The dismissal is communicated to his wife namely, the petitioner. While Counsel for the petitioner contended that petitioner's husband is missing while he was in...

...for more than 7 years and after investigation the police could not trace out missing person. 6. Law with regard to employment on compassionate ground for dependent of deceased is...4learned Division Bench of Uttaranchal High Court in Special Appeal No.173 of 2008 in which claim of the petitioner was allowed for compassionate appointment to the dependent of a person who was missing...pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant. 7. In the instant case, the respondent authorities have...

...therein to draw the statutory presumption that a man is not alive, if he is not heard for 7 years. When a person goes missing, he can be declared dead, if he is not heard for 7 .... 7. I have heard counsel for both sides and gone through the SRO 43. It reads as under:- GOVERNMENT OF JAMMU AND KASHMIR GENERAL ADMINISTRATION DEPARTMENT. Notification Jammu, the...pleading of petitioner, it is evident that petitioner herein applied for compassionate appointment on account of missing of her mother-Smt. Satya Devi since 03.10.1998 who was Senior Lecturer in...

...counsel appearing for the petitioner would submit that the petitioner is the younger brother of the missing person Anjalaiammal, who is aged about 85 years. After the death of his brother-in-law, the ...person or body of the detenu namely Anjalaiammal, wife of Deivigan, aged 85 years before this Court and set her at liberty. Page 1 of 7...the younger brother of the alleged missing person Anajalaimmal. The said Anjalaiammal was with the petitioner and he had chained her and caused harassment and coming to know about the same the brother...

...possible for the petitioners to get a declaration from the Civil Court, declaring that the missing person is dead, on a presumption, as he has not been missing for more than 7 years, as p..., by any authority, till date, even though he has been missing from 28.7.2011 It is also noted that a Habeas Corpus Petition filed before this Court, in H.C.P No. 2067 of 2012, for tracing K...The writ petition has been filed under Article 226 of the Constitution of India, praying for the issuance...