what is the relation between 'presumption' and 'burden of proof'???
sreenath cochin (advocate) 01 November 2010
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