Where the BSA directs the Court to “shall presume” a fact, what is the effect of that mandatory…
Section 2(1)(l) defines "shall presume" to mean "The Court must regard the fact as proved unless and until it is disproved". Calling for proof belongs to "may presume" in…
Choose your answer
Where the BSA directs the Court to “shall presume” a fact, what is the effect of that mandatory rebuttable presumption?
Answer and explanation
Correct answer A
Section 2(1)(l) defines "shall presume" to mean "The Court must regard the fact as proved unless and until it is disproved". Calling for proof belongs to "may presume" in section 2(1)(h), so "The Court may instead decline the presumption and call for proof of the fact" is wrong, and conclusive proof under section 2(1)(b), which excludes disproving evidence, is described by "The Court must treat the fact as conclusive and prohibit evidence disproving it".
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision