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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

In a suit, the Court is told that it "shall presume" a certain fact under the Adhiniyam. Which course must the Court follow?

The Court must regard the fact as proved unless and until it is disproved. This is a rebuttable mandatory presumption, different from conclusive proof, which bars disproving evidence, and from may presume, which leaves the Court discretion to call for proof.

  1. ACall for proof of the fact before treating it as established
  2. BRegard the fact as proved unless and until it is disprovedCorrect
  3. CRegard the fact as conclusively proved and bar any evidence against it
  4. DTreat the fact as not proved until the party relying on it adduces evidence

Explanation

Where the Adhiniyam directs that the Court shall presume a fact, it must regard the fact as proved unless and until it is disproved. Option C describes conclusive proof, where disproving evidence is not allowed. Option A describes the discretion under "may presume".

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