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Presumption - Law Dictionary Search Results

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Age

commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies

Unless and until the contrary is proved

Unless and until the contrary is proved, significance and effect of presumption under parties in contract themselves providing a sum to be paid by the party breaking the contract-Whether this

May presume and shall presume

presume, The expressions 'may presume' and 'shall presume' are defined in s. 4 of the Evidence Act. The presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under

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Lost grant

Lost grant, is a mere presumption from long possession and exercise of user by easement with acquiescence of the owner, that there must have

Advancement

to which a remainderman will ultimately be entitled for his benefit or advancement in life. In equity the presumption of advancement is an important exception to the doctrine of resulting trusts that a conveyance to a stranger

Burden of proof

the phrase 'burden of proving' is used in the sense of introducing such evidence as will overcome the presumption of the absence of circumstances bringing the case within exception, Gopal v. Crown, AIR 1950 HP 18. The

Marriage

man and wife, and have been so treated by their friends and neighbours, there is a prima facie presumption that they really are and have been what they profess to be' [The Bredalbane Case, (1867) LR 1

Shall presume

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

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.

Notice

or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a)

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