Distinction between presumption of law and fact

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Presumption of factPresumption of law
1. Presumption of fact is based on logic, law of nature and human Experience1. 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.

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