Presumption - Law Dictionary Search Results
Home Dictionary Name: presumption Page: 4Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Juris et de jure
Juris et de jure (of law and from law). A conclusive presumption, which cannot be rebutted, is called a presumption juris et de jure...
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 ...
Shall presume
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....
Stabit prcsumptio donec probetur in contrarium
Stabit prcsumptio donec probetur in contrarium. Hob. 297.-(A presumption will stand good till the contrary is proved.) see PRESUMPTION....
Coverture
Coverture, the condition of a woman during marriage, because she was then presumed to be under the influence of her husband, so as to be excused from punishment for crimes committed in his presence, except treason, murder, and manslaughter [see Reg. v. Manning, (1849) 2 C&K 903]; but the presumption maybe rebutted [Reg. v. Torpey, (1871) 12 Cox CC 45]. The Criminal Justice Act, 1925 (c. 86), s. 47, abolishes this presumption of coercion by the husband, but on a charge for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presene of, and under the coercion of the husband. See further HUSBAND AND WIFE....
Commorientes
Commorientes, persons who die by the same accident or upon the same occasion. By English law, there was no presumption of survivorship in such a case, whereas by the Code Napoleon, and the Civil Law generally, there is a presumption that the physically stronger survive the physically weaker. See Wing v. Angrave, (1860) 8 HLC 183, in which a husband, a strong man who could swim well, was swept off the deck of a ship by the same wave which swept off his delicate wife who could not swim, Best on Evidence, s. 410: but now by s. 184 of the (English) Law of Property Act, 1925, in all cases where after 1925 two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any order of the Court) for all purposes affecting the title to property be presumed to have occurred in the order of seniority and accordingly the younger shall be deemed to have survived the elder....
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
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 ...
Boundaries
Boundaries are the lines marking the division between two adjacent territories. The boundary may be (a) physical, or (b) national and supported by documentary or other evidence. (a) may consist of walls, fences, hedges or ditches, and the presumption is that the outer line along the top line of the ditch bank furthest from the hedge marks the boundary of the land on which the hedge, if any, is erected, because the owner of the soil would be presumed to throw up the soil on the his own land for the hedge, but this presumption may be rebutted. Simple fences or ditches and walls frequently belong to the owners of both properties in common, see PARTY WALL.Physical boundaries may also be roads or non-tidal streams, see Ad medium fil', or the sea or tidal rives, in which case the high-water mark of medium tides is presumed to be the boundary. Williams Real Property, 23rd Edn., p. 463. (b) Unmarked or imaginary boundaries are generally ascertained by reference to maps or plans, or by descript...
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