AIR 2004 SUPREME COURT 2070 ::2004 AIR SCW 2017 ::2004 AIR - Jhar. H. C. R. 1501 ::(2004) 2 WLC(SC)CVL 208 ::(2004) 3 GCD 78 (SC) ::(2004) 2 ACC 44 ::(2004) 97 RevDec 338 ::(2004) 1 CLR 527 (SC) ::(2004) 3 CivLJ 5 ::2004 (10) SCC 131 ::(2004) 3 RecCivR 21 ::(2004) 4 Scale 80 ::(2004) 2 ACJ 1318 ::(2004) 5 AllMR 521 (SC) ::(2004) 55 All LR 418 ::(2004) 5 All WC 4201 ::(2004) 5 Bom CR 109 ::(2012) 3 CPJ 12 ::(2004) 2 CTC 552 (SC) ::(2004) 3 ICC 225 ::(2004) 4 Mad LW 358 ::(2004) 4 Mad LJ 94 ::(2004) 2 Ker LT 351 ::(2004) 2 JLJR 222 ::(2004) 2 KHCACJ 488 (SC) ::(2004) 3 KCCR 1526 ::(2004) 2 Pun LR 803 ::(2004) 2 Pat LJR 246 ::(2004) 2 Supreme 709 ::(2004) 17 AllIndCas 59 (SC) ::(2004) 5 JT 604 (SC)

Supreme Court Of India

(From : 1999 (1) Rec Civ R 489 (J and K))

Hon'ble Judge(s): R. C. Lahoti, Ar. Lakshmanan , JJ

(A) Evidence Act (1 of 1872) , S.108, S.107— Presumption as to date/time of death of a person - Cannot be drawn in respect of person not heard of for seven years - But, can be inferred on basis of evidence, factual or circumstantial - Onus of proving that person was alive/dead on particular date/time - Lies on person who asserts it - S. 108 is exception to rule enacted in S. 107 relating to presumption of human life for thirty years. Precedents - Presumptions of fact or law - Recognised by successive judicial pronouncements over years - To be valued as precedents. Constitution of India , Art.141— The law as to presumption of death remains the same whether in Common Law of England or in the statutory provisions contained in Ss. 107 and 108 of the Indian Evidence Act, 1872. In the scheme of Evidence Act, though Ss. 107 and 108 are drafted as two Sections, in effect, S. 108 is an exception to the rule enacted in S. 107. The human life shown to be in existence, at a given point of time which according to S. 107 ought to be a point within 30 years calculated backwards from the date when the question arises, is presumed to continue to be living. The rule is subject to a proviso or exception as contained in S. 108. If the persons, who would have naturally and in the @page-SC2071 ordinary course of human affairs heard of ....