All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
1.

How many kinds of presumptions are there as classified by the Supreme Court ?

A: Permissive presumptions or presumptions of facts
B: Compelling presumptions or presumptions of law (rebuttable presumptions)
C: Irrebuttable presumptions of law or conclusive presumtions
D: All of them

The answer is: D

Explanation

The correct option is D: All of them.

The Supreme Court has classified presumptions into three kinds: permissive presumptions or presumptions of facts, compelling presumptions or presumptions of law (rebuttable presumptions), and irrebuttable presumptions of law or conclusive presumptions.

Permissive presumptions or presumptions of facts are those inferences that are drawn from the known and proven facts by using a process of probable reasoning. The court has the discretion to presume or not presume any fact based on the circumstances of the case. These presumptions are always rebuttable and can be challenged by providing contrary evidence.

Compelling presumptions or presumptions of law (rebuttable presumptions) are those inferences that are recognized by the law without the need of proof in certain situations or circumstances. The court has no discretion and is bound to presume such facts as true unless they are disproved by the other party. These presumptions are also rebuttable, but the burden of proof lies on the party who wants to disprove them.

Irrebuttable presumptions of law or conclusive presumptions are those inferences that are established by the law as absolutely certain and cannot be disproved by any evidence or argument. The court has no power to question or examine the validity of such presumptions. These presumptions are also called conclusive proof, and they operate as a rule of substantive law.