Shall Presume - Definition - Law Dictionary Home Dictionary Definition shall-presume

Definition :

Shall presume, denotes that the court would pre-sume in that event, no discretion has been left with the court and there is a legislative command to it to raise a presumption and regard such fact as proved unless and until it is disproved. In such an eventuality, the question of calling upon the parties to formally prove a document does not arise, Haradhan Mahatha v. Kuhju Mahatha, AIR 1993 Pat 129: (1993) 2 Pat LJR 28: (1993) 2 BLJ 289: (1993) BBCJ 355.

Shall presume, these words i.e., 'shall presume' are being used in Indian judicial tore for over a century to convey that they lay down a rebuttable presumption in respect of matters with reference to which they are used, Sodhi Transport Co. v. State of U.P., AIR 1986 SC 1099: (1986) 2 SCC 486: (1986) 1 SCR 939.