Thursday 15 December 2011

Man Missing

Man Missing
As per Indian Evidence Act u/s 108 a decree can be obtained from the Dist Court by filing a declaration and get a confirmation order to this effect
As per section 107 of Indian Evidence Act whether a man is alive or dead and it is shown that he was alive within 30 yrs the burden of proving that he is dead is on the person who affirms it. Section 108 is a provisio to section 107 which provides that when the question is whether a man is alive or dead and it is proved that he has not been heard of for seven years by those who whold actually have heard of him ,if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.
U/s 34 of specific relief Act, the court is empowered to pass such a declaratory decree

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