Date of Death for a missimg Service Person

rahul yadav (Querist) 05 September 2010 This query is : Resolved
Dear Sir, Thanks for your valuable comment on declaration of civil death.
but problem is still not solve.the case is-
A service person missing on dated 4-7-98 and fir lodged on dated 18-7-98. thereafter civil death certificate issued by the court on dated 21-2-2006. this w.p. considering under the Hon'ble high court.
which is date of death for a missing person.
missing date or civil certificate issued date.
kindly help me by giving me reference of previous judgement

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adv. rajeev ( rajoo ) (Expert) 05 September 2010
Court might have observed the date in it's judgement. That is the date of death.

Rajeev kulshreshtha (Expert) 05 September 2010
The date when court declares the civil death shall be presumed the date of death.

s.subramanian (Expert) 05 September 2010
It is 4.7.1998 which is the date on which he became unheard of. Because this date gives you the cause of action to seek the declaration that he is dead. Moreover it is a matter of legal presumption under Sec.114 of the Indian Evidence Act that he is dead since he has not been heard of for 7 years. The declaration of the court is only a consequence of his missing and the date of declaration cannot be the date of death. The presumption of civil death is given rise to immediately on the expiry of the 7 year period from 4.7.98 that is on 4.7.2005.A formal declaration alone is sought before the court after 4.7.2005. Hence I am the view that the date of death is 4.7.98 only.

Arvind Singh Chauhan (Expert) 05 September 2010
I go with Subramanian Sir.

Y V Vishweshwar Rao (Expert) 06 September 2010
The Opinion of Mr Subramanian is correct . The date of Death is 4-7-1998 -it can not be date of Declaration of Death by Court.

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