Supreme Court · 2001 INSC 459 · Decided 25 September 2001
Gurdial Singh v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 459 · [2001] SUPP. 3 S.C.R. 323
- Case number
- CIVIL APPEAL No. 6718/2001
- Decided
- 25 September 2001
- Bench
- M.B. SHAH, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Freedom Fighters Pension Scheme, 1972 :· Pension-Application-Grant of from a subsequent date-Claim for grant from the date of application-But Government cancelling the grant of pension­ Held not justified-Appellant entitled to pension from the date of application­ However, in the first writ petition. Freedom fighter pension-Rejection of claim-On the ground of.failure A B c to prove the claim-Held, such claim is required to be determined on the basis D of probabilities-Not on the touchstone of test of 'beyond reasonable doubt' - A presumption is required to be drawn in
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