Black's Law Dict.

"presumption", is a rebuttable assumption of fact, resulting from a rule of law which

requires such fact to he assumed from another fact or group of facts found or otherwise established in
the action. A presumption is not evidence in itself. It is either rebuttable or conclusive.- In Law of Evid.
'presumption' is used to designate an inference, affirmative or negative, of the existence of matter of fact
either judicially noticed or admitted or established by legal evidence to the satisfaction of the tribunal.-
Kinds-Presumption- 1- Pres.of Fact- are inferences naturally drawn from the observation of the course of
nature and the constitution of human mind. S. 114 & the illustrations under this section are examples of
presumption of facts. Ss. 86, 87, 88 and 90 also deal with the presumption of fact. These presumptions
are generally rebuttable.2- Pres.of Law-divided in2-(i) Irrebuttable or Conclusive: The conclusive or
irrebuttable presumptions of law are those legal rules which are not overcome by any evid. that the fact is
otherwise, (ii) Rebuttable-This kind of presumption arises when presumptions of law are certain legal
rules, defining the amount of evidence requisite to support a particular allegation.3. Mixed Presumptions
of law and fact are chiefly confined to the English law of real property so it is not necessary to presume
subject here. Diff. b/w Pres. of Law & Presumption of Fact- Pres.of Law: 1. No discretion is vested in the
Court at all. The law peremptorily requires a certain inference to be made whenever the facts appear
which the law assumes as the basis of the inference. 2. Presumptions of law are, in reality rules of law,
and part of the law itself. 3. Presumptions of law must be drawn. 4. There are two kinds' of presumptions
of law- rebuttable and irrebuttable. Pres. of Fact 1. A discretion, more Or less extensive as to drawing the
inference, is vested in the tribunal. 2. Presumptions of fact are not rules of law. 3. Presumptions of fact
may or may not be drawn. 4.There is no such division in the case of presumptions of fact. Presumption of
Law-1. May Presume 2. Shall Presume 3. Conclusive Proof