Mst. SAMEENA ANWAR vs The MANAGER, UNITED BANK LTD — 2022 PLD 108 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 PLD 108 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: PLD
Parties: Mst. SAMEENA ANWAR vs The MANAGER, UNITED BANK LTD
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SAMEENA ANWAR VS The MANAGER, UNITED BANK LTD. arts. 123 & 124---Burden of proving death of person known to have been alive within thirty years---Burden of proving that person is alive who has not been heard of for seven years---Scope---Difference exists between natural and civil deaths---Natural death is the phenomenon of the termination of physiological features of creatures, including humans---Besides the natural death of a person, which is due to the termination of all its physiological functions, legislations provide even the civil death, which presumes a possible natural death---Civil death is always verified by the court decision which recognizes the person dead---In cases of civil deaths, the decision of Court is not based on the fact of physical death, but on its presumption due to the absence of the person from his last residence and the absence of news for a certain period---Civil death and natural death have same consequences but this does not mean that they are equal institutes---The first is based on the presumption of death therefore in a precarious situation which can be recovered in the future, the second is based on the end of all physiological functions of the person, therefore, the situation is sure---In civil death, the uncertain situation continues because the person declared dead can reappear. Head NotesCase Description

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