https://www.taxtmi.com/caselaws?id=110656 A winding up petition raised issues of authority to institute proceedings where the petitioning creditor had allegedly not been heard of for more than seven years. The text discusses the presumption of death under section 108 of the Indian Evidence Act, 1872, and states that once that foundational fact is established, the burden shifts to the constituted attorney to prove the principal was alive when the petition was filed. It also notes that verification requirements under Rule 21 of the Companies (Court) Rules, 1959 go to the validity of institution, and that later substitution of heirs could not cure a defect relating to the commencement of the proceedings. en-us Mon, 22 Mar 2004 00:00:00 +0530 Wed, 18 Apr 2012 10:29:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=110656 A winding up petition raised issues of authority to institute proceedings where the petitioning creditor had allegedly not been heard of for more than seven years. The text discusses the presumption of death under section 108 of the Indian Evidence Act, 1872, and states that once that foundational fact is established, the burden shifts to the constituted attorney to prove the principal was alive when the petition was filed. It also notes that verification requirements under Rule 21 of the Companies (Court) Rules, 1959 go to the validity of institution, and that later substitution of heirs could not cure a defect relating to the commencement of the proceedings. Case-Laws Companies Law Mon, 22 Mar 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=110656