1. Presumption of fact is based on logic, law of nature and human Experience | 1. Presumption of law is based on provisions of law |
2. Presumption of fact is always rebuttable. It is rebutted by positive fact. | 2. Presumption of law is conclusive unless rebutted as provided under law itself |
3. Position of presumption of fact is uncertain. | 3. Presumption of law is certain and uniform. |
4. Court Can ignore presumption of fact. | 4. Court Cannot ignore presumption of law. |
5. It is derived from law of nature, prevalent custom and human Experience. | 5. It is derived from established judicial norms and have become part of law. |
6. Court can exercise discretion while drawing presumption of fact. | 6. It is mandatory. It means court is bound to presume it. |