Back
RAJNISH KUMAR
Vidhan Chandra Pandey – Appellant
Versus
State Of U. P. Thur. District Magistrate, Pratapgarh – Respondent
JUDGMENT :
(Rajnish Kumar, J.)
(C.M. Application No.1 of 2024)
1. Heard Shri Ravi Shankar Mishra, learned counsel for the appellant.
2. The office has reported a delay of 22 days in filing the appeal.
3. The ground shown in the affidavit filed in support of the application is sufficient to condone the delay.
4. The application is allowed and the delay in filing the appeal is condoned.
In re: Appeal
1. Heard learned counsel for the appellant.
2. The appeal has been filed assailing the judgment and decree dated 30.05.2024 passed in Civil Appeal No.63 of 2023 (Vidhan Chandra Pandey & Others Vs. Common Man & Another) by Additional District & Sessions Judge/ F.T.C.-1, Pratapgarh and the judgment and decree dated 01.04.2023 passed in Original Suit No.154 of 2021 (Vidhan Chandra Pandey & Others Vs. Common Man & Another) by Civil Judge (Senior Division), Pratapgarh, by means of which the suit for declaration of death of brother of the appellant no.1 and the son of the appellant no.2 has been dismissed and the appeal filed by the appellant has also been dismissed.
3. Learned counsel for the appellants submits that the brother of the appellant no.1 was missing for the last more than seven years, there
The presumption of death under Sections 107 and 108 of the Indian Evidence Act arises only when a legal question regarding a person's status is presented in court.
The presumption of death under Section 108 of the Indian Evidence Act arises only after seven years, and compassionate appointment requires proof of death during service, not merely a civil declarati....
A civil court has inherent powers to grant a declaration of civil death, even in the absence of a specific provision in the Specific Relief Act, if the plaintiffs have satisfied the burden of proof u....
On the ground of abatement of appeal on the presumed death decree given in appeal in favour of such person an be declared null and void.
The presumption of death under Section 108 of the Evidence Act is strictly limited to the fact of death, while the exact date of death must be proven by credible evidence.
The presumption of death after seven years absence is rebuttable and the court may ascertain the presumed date of death based on evidence.
Point of law: Civil death – Issuance of death certificate – Registrar death and birth doesn’t have power to issue- Exercise can only be undertaken by a competent civil court.
Point of Law - The principle enunciated in the provisions of the Evidence Act, the Specific Relief Act and the precedents relied on would make it clear that the judgment is one rendered in the facts ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
