Supreme Court · 2004 INSC 215 · Decided 26 March 2004
L.I.C. of India v. Anuradha
- Court
- Supreme Court of India
- Citation
- 2004 INSC 215 · [2004] 3 S.C.R. 629
- Case number
- CIVIL APPEAL No. 2655/1999
- Decided
- 26 March 2004
- Bench
- R.C. LAHOTI, AR. LAKSHMANAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 108, 107
Headnote
B Evidence Act, 1872: Section 108-Presumption as to death-Of a person not having been heard of for seven years-Drawing of-Held: There is no automatic C presumption or assumption that a person not heard of for seven years was dead on the date of his disappearance or soon after the date and lime on question arose-At what point of time the person was dead is not a mat/er of presumption but of evidence, factual or D circumstantial-The onus of proving that death had taken place at a given point of time or date lay on the person staking the claim. Insurance Manual: Rule 14-life insurance
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