..., and also taking into consideration a few decided cases (none of this Court), formed an opinion that there was no presumption as to the time of death and inasmuch as the LIC failed to show that Sham...presumption as to death became available to be raised after the expiry of period of seven years from the date of disappearance and therefore, the question of policies having lapsed for non-payment...as under:“115. Presumptions of life and death.—There is generally no presumption of law by which the fact that a person was alive or dead on a given date can be...

...service and by virtue of Section 108 of the Indian Evidence Act, 1872 there is a presumption of death after seven years from the date of missing and therefore, petitione...Army Act and can be dismissed from service for that reason. However, the question is whether in this case the presumption of death of petitioner's husband is available under..., 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...

...three years of the death of Kishan Singh when the line of Alla Singh became extinct. They had to prove affirmatively that the death of Kishan Singh took place within three years of the in...presumed to be dead, it cannot be overlooked that under Section 108 of the Evidence Act, the precise time of the death is not a matter of presumption but of evidence and the onus of provi...determine the date of the death of a person who has not been heard of for a period of more than seven years, there is no presumption that he died at the end of the first seven years, or a...

...pensionary benefits and the family pension together with all consequential benefits to the 1st respondent herein, whose husband became untraceable and in respect of whom a presumption of death in...the Union of India is that till the expiry of the period of 7 years from the date a person went missing, no presumption of death would arise and that if such an employee is dismissed or removed fr...service, imposed within a couple of years for unauthorised absence, would get annulled, by a presumption of death that arises later in point of time by virtue of section 108. If the first responde...

...make a decree of presumption of death and of dissolution of marriage.”Sub-section (2) of the same section provides that a presumption of death wou...' absence. In Latey on Divorce (30th Edition) at p. 473 will be found a form of petition for presumption of death and dissolution. The person not heard of for over seven years is the respondent to the...petition and it ends with a prayer for a decree for presumption of death and dissolution of marriage. In the notes under this form it is stated that the notice should be endorsed as usual, an...

...pensionary benefits and the family pension together with all consequential benefits to the 1 respondent herein, whose husband became untraceable and in respect of whom a presumption of death in terms...Union of India is that till the expiry of the period of 7 years from the date a person went missing, no presumption of death would arise and that if such an employee is dismissed or removed from...service, imposed within a couple of years for unauthorised absence, would get annulled, by a presumption of death that arises later in point of time by virtue of section 108. If the first responde...

...the extent and scope of Section 108 of the Evidence Act, to the instant case.4. Section 107 of the Indian Evidence Act deals with presumption of continuation of life and...burden of proving that he is still alive, is, under Section 108, upon those who assert that he is alive. The presumption under Section 108 is as to the fact of death at the time the question was raised and not at a...to the cause and circumstances of the death.Section 107 deals with the presumption...

....22. There is neither any doubt nor dispute that the date of death of Indira Devi is not certain. By reason of the aforementioned provision, a presumption of ...for seven years, there is a presumption of law that he is dead: but at what time within that period he died is not a matter of presumption but of evidence and the onus of proving that the ...so as to break the period of seven years counted backwards from the date on which the question arose for determination. At what point of time the person was dead is not a matter of presumption but of evide...

...police station, Bagchini. Efforts were made continuously but the insured could not be found. Though presumption of death of a person can be made if the whereabouts are not known for a period of 7 years...and if he is not noticed by a person by whom he was otherwise likely to be seen, there is a presumption of death. The District Forum however, directed that the amount of premium deposited by Rahul.... His first contention is that merely on account of absence of 7 years and his whereabouts not known, it does not entail presumption that he is dead. In this behalf learned Counsel has referred to...

...appreciation of the oral evidence on both sides, has not been sought to be challenged by the appellants. Their only contention is that though a legitimate presumption could be raised about Ratnakar's death...‘of not less than seven years.’ If a person, has not been heard of for seven years, there is a presumption of law that he is dead; but at what time within that period he died is not a matter of ...years, presumption of death is to be raised, and so death shall be presumed to have taken place from the date of the suit and not earlier. Both the presumptions under Secs. 107 and 108 come into play I...

...petitioner.6. Learned counsel for the petitioner submits that there would be a presumption of death on expiry of period of seven years from the date the husband of ...presumption of death under Section 108 of the Evidence Act would not be sufficient for the University to proceed with the application seeking compassionate appointment. It requires a declaration from...University Compassionate Appointment Committee which has considered the case of the petitioner and rejected the same as there was no death certificate of her husband to support the claim of the...

...whereabouts of the missing person, the presumption of death under Section 108 of the Indian Evidence Act, 1908 is drawn. The petition is, therefore, allowed in terms of prayer clause (a) which rea...him had he been alive hence under presumption of death under Section 108 of Indian Evidence Act, 1908.” 2. The Department shall proceed to process the grant of Succession Certificate...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, seeking a...

...whereabouts of the missing person, the presumption of death under Section 108 of the Indian Evidence Act, 1908 is drawn. The petition is, therefore, allowed in terms of prayer clause (a) which rea...him had he been alive hence under presumption of death under Section 108 of Indian Evidence Act, 1908.” 2. The Department shall proceed to process the grant of Succession Certificate...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, seeking a...

...the contention is that they are even now alive. In this connection, the presumption of life for 30 years from 1959 under section 107 of the Evid...of as contemplated therein for seven years, the presumption of life for 30 years under section 107 is rebutted even without actually establishing by positive evidence that he is dead. The first presumption is there...and the evidence adduced by the plaintiff are capable of rebutting the presumption of life under section 107 and establishing the presumption of death under section 108, there is no question ...

...a F.I.R on 20.10.1993 The presumption of death in the case of a man or woman who be comes traceless takes a positive shape only on the expiry of seven years. The seven years period in the facts of...Incharge of the Police Station relating to the present situation and there after was asked to determine the issue as to whether on presumption of death the benefit of compassionate appointment will be...or scheme of the Government which lays down that com passionate appointment would be given in case of presumption of the death. He has also taken note of the observations made by the Hon'ble Judge...

...evidence and are not rightly challenged in this Court.7. Broadly stated the contention of Mr. Dasgupta is that civil death is merely a question of presumption and is a rebuttable presumption ...share in the property. The contention that without proof of physical death of her husband, the plaintiff cannot succeed has also no force. The case of the plaintiff is not based on the actual death ...proving that he is alive is shifted to the person who affirms it. Thus, S. 107 deals with the presumption of continuance of life and S. 108 with the presumption of death. If the ...

...Section 108 of the Evidence Act, there is a presumption of death, if a person is not heard of for a period of sev...the petitioner is to file a civil suit for a declaration of presumption in terms of Section 108.4. With the above observation, the writ petition is dismissed. No costs....PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to enquire and pass orders on the petitioner's...

...missing of the person when presumption of death is available under Section 108 of the Evidence Act. Therefore, as and...when presumption of death is available under Section 108 of the Evidence Act, the whole position changes and the...presumption of death supercedes the declaration of the person a deserter under Section 106 of the Army Act. Consequently...

...death was proved only on January 30, 1987, the presumption is that section 108 of the Evidence Act would apply only...on the date of the order of the court. The petitioner also states that there is no presumption as to the date of death under ...the death of P.V Gajapathi Raju and section 108 of the Evidence Act deals with the presumption of...

...1. An interesting and important question of law arises in this proceeding for consideration of the Court as to the presumed date of death of a person where the presumption of ...English cases is formulated in the said standard work as under:—“Where the presumption of death after seven years absence applies, the person will be presumed to have died by the end of...presumption of law concerning death of a person raised from continuous absence of a person for 7 years as more particularly set out in Section 108 of the Act is merely a rebuttable ...