Friday, July 17, 2020

Presumption

A presumption is not in itself an evidence but only makes a prima facie case for the party in whose favour it exists. A presumption is a rule of law that courts or juries shall or may draw a particular evidence unless and until the truth of such inference is disproved. There are three categories of the presumptions:-
  • Presumption of Law, which is a rule of law that a particular inference shall be drawn by a court from particular circumstances.
  • Presumption of Fact, it is a rule of law that a fact otherwise doubtful may be inferred from a fact which is proved.
  • Mixed Presumptions, they consider mainly certain inferences between the Presumptions of Law and Presumptions of Fact.

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