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sreenath cochin (advocate)     01 November 2010

indian evidence act

what is the relation between 'presumption' and 'burden of proof'???



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 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 November 2010

In case of  Presumption, the court presumes the existance of a certain fact until it is rebutted by the party against whose interest it is presumed,.by leading evidence. eg. it is presumed that a cheque is drawn for a legally enforceable liability. Here the presumption goes in favor of the complainant, burden of proof lies on the  accused to rebut the same.

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adv. rajeev ( rajoo ) (practicing advocate)     01 November 2010

Yes I do agree with Archana
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