ISSUE:
Whether, under Section 108 of the Indian Evidence Act, the exact date of death can be determined when a person has not been heard from for a period of seven years?
RULE:
If a person’s life or death at a specific date is in question, it must be decided based on all evidence available at the time of the hearing.
Under Section 108, while the presumption of death applies after seven years of absence, there is no presumption as to the exact date or time of death; these must be established through evidence.