All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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11.

Presumption of law is

A: Discretionary and rebuttable
B: Mandatory and rebuttable
C: Mandatory and irrebuttable
D: All of the above

The answer is: B

Explanation

The correct option is B: Mandatory and rebuttable.

Presumption of law means a legal presumption that a court is required to arrive at if certain facts are established and no contradictory evidence is produced. A presumption of law establishes a certainty, but it can be rebutted by showing that the presumed fact is false or doubtful. 

For example, a person who is in possession of stolen goods is presumed to be either a thief or a receiver, unless he can prove his innocence. A presumption of law is based on the policy of the law or a general rule, and not on the facts or evidence of a particular case