Permissive Presumption - Law Dictionary Search Results
Home Dictionary Name: permissive presumptionpermissive presumption
permissive presumption see presumption ...
presumption
presumption : an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption : a presumption that the law does not allow to be rebutted called also irrebuttable presumption compare rebuttable presumption in this entry mandatory presumption : a presumption that a jury is required by law to make upon proof of a given fact compare permissive presumption in this entry permissive presumption : an inference or presumption that a jury is allowed but not required to make from a given set of facts called also permissive inference compare mandatory presumption in this entry presumption of fact : a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from it presumption of innocence : a rebuttable presumption in the favor of the defendant in a criminal action imposing on the prosecution the burden of proving g...
permissive
permissive 1 : based on or having permission [ occupancy] [a user of the vehicle] 2 : granting permission or discretion (as to the court) [a statute] 3 : not compulsory: as a : allowed or made under a standard, rule, or provision that permits discretion or an option see also permissive intervention at intervention permissive presumption at presumption compare compulsory b : allowed under modern rules of civil procedure although not arising from the same transaction or occurrence as the one at issue in the original claim [a counterclaim] see also permissive joinder at joinder per·mis·sive·ly adv per·mis·sive·ness n ...
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
permissive inference
permissive inference : permissive presumption at presumption ...
inference
inference 1 : the act or process of inferring ;specif : the act of passing from one proposition, statement, or judgment considered as true to another whose truth is believed to follow logically from that of the former 2 : something inferred ;esp : a proposition arrived at by inference see also permissive presumption at presumption 3 : the premises and conclusions of a process of inferring ...
Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Permission
Permission, 'permission' is a word of wide import and may even survive the death of the person who permits. Manohar Nathusao Samarth v Marotrao AIR 1979 SC 1084 (1088): (1979) 4 SCC 93: (1979) 3 SCR 1078.Permission means factual permission and not given the right to a person as an occupant under s. 5(1)(b) of the Jagirs Abolition Act. Thakoreshri Naharasinghji Dolatsinghji v. State of Gujarat, AIR 1980 SC 59: (1979) 4 SCC 291: (1980) 1 SCR 290. [Bombay Land Revenue Code, s. 40]The word 'permission' is comprehensive enough to include subsequent permission, L.I.C. of India v. Escorts Ltd., AIR 1986 SC 1370: (1986) 1 SCC 264: (1985) Supp 3 SCR 909.The word 'permission is a word of wide import. 'Permission' in s. 21 of the Foreign Exchange Regulation Act, 1947 means only leave to do some act which but for the leave would be illegal, M/s. Dhanrajamal Gobindram v. Shamji Kalidas and Co., AIR 1961 SC 1285 (1290). (FERA, 1947, s. 21)Permission, includes, subsequent permission, L.L.C. v. Escort...
Presumption of life or death
Presumption of life or death. Where a person is once shown to have been living, the law will in general presume that he is still alive, unless after a lapse of time considerably exceeding the ordinary duration of human life; but if there be evidence of his continued unexplained absence from home and of the non-receipt of intelligence concerning him for a period of seven years, the presumption of life ceases and he is presumed to be dead at the end of the seven yeas. But the law raises no presumption as to the time of his death and, therefore, if any one has to establish the precise time during those seven years at which such person died, he must do so by evidence, see Doe v. Nepean, (1833) B&Ad 86; Nepean v. Doe, (1837) 2 M&W 894; Re Rhodes, (1887) 36 Ch D 586. See also 18 & 19 Car. 2, c. 11, by which the person on whose life a lease for lives depends is accounted dead if not proved alive after an absence of seven years, and the lessee may be ejected, with the proviso, however, that if...
Exemption, permission
Exemption, permission, Foreign Exchange Regula-tion Act, uses diverse words like, 'authorise', 'exempt' and 'permission' in different parts. The word 'exempt' shows that a person is put beyond the application of law, while 'permission' shows that he is granted leave to act in a particular way. But the word 'permission' is a word of wide import. 'Permission' in this s. means only leave to do some act which but for the leave would be illegal. In this sense, exemption is just one way of giving leave, Dharrajamal Gobindram v. Sharmji Kalidas, AIR 1961 SC 1285 (1290). [Foreign Exchange Regulation Act, (7 of 1947), ss. 21, 5]...
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