what is the relation between 'presumption' and 'burden of proof'???
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.
adv. rajeev ( rajoo ) (practicing advocate) 01 November 2010