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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