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HC ruling on missing person case

Madurai, Jan 23 (UNI) The Madurai Bench of Madras High Court (HC) has ruled that a person missing for long period and not heard of for over seven years could be presumed to have died under Section 108 of Indian Evidence Act, 1872 only on the day after the completion of seven years.
A Division Bench comprising Justices V.Ramasubramanian and N.Kirubakaran passed the ruling while disagreeding with a view taken by a single Judge of the HC that a Tamilnadu State Transport Corporation (TNSTC) bus conductor should be considered to have died on the date when he went missing in May 1999 for settlement of terminal benefits to his legal heirs.
The bench observed that there is an inherent danger in presuming that the date from which a person went missing could be taken to be the date of death. If it is so taken, many claims that could be made by his legal heirs would become barred by time despite the fact that the very presumption of death could be raised only after seven years from the date on which he was last heard of.
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