Presumption - Indian Laws - General

Interpretation of word Presumption Presumption means taking as true without examination or proof . Presumptions are of two kinds, presumptions of fact and of law. Presumptions of fact are inferences logically drawn from one fact as to the existence of other facts. Presumptions of fact are rebuttable by evidence to the contrary. Presumptions of law may be either irrebuttable (conclusive presumptions), so that no evidence to the contrary may be given or rebuttable. A rebuttable presumption of law is a legal rule to be applied by the Court in the absence of conflicting evidence ( Halsbury , 4th Edition paras 111, 112]. Among the class of rebuttable presumptions, a further distinction can be made between discretionary presumptions ( may presume ) and compulsive or compulsory presumptions ( shall presume ). The Evidence Act provides for presumptions, which fit within one of three forms : 'may presume' (rebuttable presumptions of fact), 'shall presume' (rebuttable presumption of law) and conclusive presumptions (irrebuttable presumption of law). The distinction between 'may presume' and 'shall presume' clauses is that, as regards the former, the Court has an option to raise the presumption or not, but in the latter case , the Court must necessarily raise the presumption. If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved, [G.Vasu V. Syed Yaseen- 1986 (12) TMI 383 - ANDHRA PRADESH HIGH COURT ] In Kumar Exports v. Sharma Carpets- 2008 (12) TMI 682 - SUPREME COURT , this Court referred to presumption as- devices by use of which courts are enabled and entitled to pronounce on an issue notwithstanding that there is no evidence or insufficient evidence. [Rajesh Jain vs Ajay Singh - 2023 (10) TMI 418 - SUPREME COURT]