In Re: Ganesh Das Aurora vs . - 1926 Supreme(Cal) 399

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(Cal) 399

CHARU CHUNDER GHOSE
In Re: Ganesh Das Aurora – Appellant
Versus
. – Respondent

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

The case involves a petition to presume the death of Ganesh Das Aurora, who disappeared in 1918 and was not heard from since, despite diligent searches and inquiries (!) .
The court applied Section 108 of the Indian Evidence Act, which permits the presumption of death after a person has been missing for a certain period, here considered to be at least seven years from the last known sighting or communication (!) .
The court recognized that while a presumption of death can be made under Section 108, there is no presumption as to the exact time of death; establishing the precise date requires actual evidence (!) .
The court's decision was to allow the petitioner to declare in her petition that Ganesh Das Aurora's death may be presumed to have occurred on or since August 23, 1918, based on the circumstances, and to verify this statement in her application for Letters of Administration (!) (!) .
The final order authorized the petitioner to state in her petition that the death of Ganesh Das Aurora may be presumed, and she is permitted to verify this declaration, but the court did not specify an exact date of death (!) .

JUDGMENT

Charu Chunder Ghose, J. - This is an application for an order that the death of one Ganesh Das Aurora may be presumed and that the petitioner may be at liberty to declare and state in her intended petition for grant of Letters of Administration to her of the property and credits of the said Ganesh Das Aurora deceased, that the death of the said Ganesh Das Aurora occurred on or since the 23th August, 1918, and she may beat liberty to verify such statement in her intended petition.

2. The circumstances under which this application has been made, briefly stated, are as follows: The applicant is the wife of the said Ganesh Das Aurora. It is stated that the applicant's husband disappeared on or about the 29th August, 1918, and has not been heard of since by her or any other member of his family or any relations or friends or by any one to the applicant's knowledge. It is further stated that diligent enquiries and searches to find out the where-abouts of the said Ganesh Das Aurora in various places in British India, such as Calcutta, Howrah, Hardwar, Bindhyachal, Muttra, Etawah, Brindavan, Amraoti and Agra, have been male but without success and advertisements were inserted in var

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