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Showing posts with label declaration of civil death. Show all posts
Showing posts with label declaration of civil death. Show all posts
Tuesday, 25 April 2017

Whether court can grant declaration of civil death of person who is missing for seven years?

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In   the   light   of   the   above   discussion,   the   Court   below committed serious error in law, which has resulted into miscarri...
4 comments:
Sunday, 26 February 2017

Whether suit for declaration that person who is missing for seven years is dead is maintainable?

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 This suit is filed by a wife against her husband for a declaration that the defendant, not having been heard of since February 1937, int...
Sunday, 31 July 2016

When suit for declaration will be barred by limitation?

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 As far as prayer (f) is concerned, plaintiff seeks declaration that all the acts of defendant No.1 or the documents executed by him ...
Friday, 13 November 2015

Whether civil court can grant declaration of civil death of person who is missing for seven years?

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I have  carefully considered  the submission  made by Mr.   Gavnekar,   learned   counsel   for   the   appellants.   Here,   it   is nec...
Wednesday, 26 June 2013

Court can not grant declaration of civil death of person missing for seven years in succession case

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 Reference to Section 372(1)(a) may be made. This section enjoins upon the applicant to state the time of death of the deceased. Time, a...

Declaration of civil death of person missing for seven years

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The court concluded that the very object of the declaration was only to have the substantive relief of declaration that the Plaintiff was...
1 comment:
Monday, 24 June 2013

Declaration of death of person who is missing for seven years

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We cannot, therefore, countenance the view taken by the High Court in either of the two appeals that on the expiry of seven years by the ti...
Thursday, 25 April 2013

Presumption of death of person who is missing for seven years

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Neither Section 108 of the Evidence Act nor logic, reason or sense permit a presumption or assumption being drawn or made that the person ...
Wednesday, 29 August 2012

Whether declaration can be obtained that person who is missing for seven years is dead?

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It is a rule of presumption. By reason of the language applied in Section 108 of the Evidence Act, the burden to prove that such person ...