Distinction Between Presumption of Facet and Presumption of Law
No. |
Presumption of Fact/May Presume |
Presumption of Law |
1) |
Presumption of fact is based on logic, human. |
Presumption of law is based on provisions of law. |
2) |
The position of Presumption of fact is uncertain. |
The position of Presumption of law is certain and uniform. |
3) |
Presumption of fact is always rebuttable and goes away when explained or rebutted by establishment of positive proof. |
The Presumption of law is conclusive unless rebutted as provided under rule giving ruse to presumption. |
4) |
The court can ignore presumption of fact however strong it is. |
The court cannot ignore presumption law. |
5) |
The presumptions of fact are derived on basis of law of nature, prevalent customs and human experience. |
The presumptions of law are derived on established judicial norms and they have become part of legal rules. |
6) |
The Court can exercise its discretion while drawing presumptions of fact i.e. presumption of facts is discretionary presumption. |
Presumption of law is mandatory i.e. Court is bound to draw presumption of law. |
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