Wednesday, January 27, 2021

Distinction between Presumption of Fact and Presumption of Law

 Distinction between Presumption of Fact and Presumption of Law
 
Meaning of Presumption 

The Presumption is a legal or factual assumption drawn from the existence of certain facts. The Presumption raised under a statute has only on evidentiary value.

 

          Presumption of Fact
    Presumption of Law
1. Presumption of fact is based on logic, human experience and law of nature
1. Presumption of law is based on provision of law.
2. Presumption of fact is always rebuttable and goes away when explained or rebutted by established of positive proof.
2. Presumption of law is conclusive unless rebutted as provided under rule giving rise to presumption.
3. The position of presumption of fact is uncertain and transitory.
3. The position of presumption of law is certain and uniform.
The court can ignore presumption of law however strong it is.
The court can’t ignore presumption of law.
The presumptions of fact are derived on basis of law of nature, prevalent customs and human experience.
Presumption of law are derived on established judicial norms and they have become part of legal rules.
The Court can exercise its discretion while drawing presumption of fact i.e. presumption of fact is discretionary presumption.
Presumption of law is mandatory i.e. court is bound to draw presumption of law.

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