PRESUMPTION AND CONSIDERATION
•Presumption means “Assuming something to be true.”
1. Supposition or assumption
2. Courts must deem certain things to be true.
• Consideration means “A thought or concern”
1. Conclusions
3.
1. PRESUMPTION ASTO VALIDITY
• Every statute enacted by the Legislature is considered to be
Valid.
• Test of Constitutionality
• Ultra vires laws shall be struck down .
• Commissioner of Sales Tax, M.P v. Radhakrishan
• Karnataka Bank Ltd.V. State of Andhra Pradesh
• Kedarnath v. State of Bihar
4.
2. LEGISLATION DOESNOT COMMIT
MISTAKE
• There is a presumption that Legislature is a good writer in its own field
and does not commit any kind of mistake.
• In other words, the words provided by the Legislature in the language
of the statute is used mindfully, intentionally and suitably.
• Commission of spl. Purposes of Income tax v. pemsel
• Tinsukhia Electric supply co. ltd.V. state of Assam
• Commissioner of Income Tax, Gujrat v. Distributor pvt. Ltd.
5.
3.STATUTES ARE PRESUMEDTO BE IN
CONFORMITY WITH INTERNATIONAL LAW
• Consistent with comity of Nations and established International law.
• Knowledge of international treaties and conventions
e.g Biological Diversity Act 2002
• ADM, Jabalpur v. Shivakant Shukla
• Kesavananda Bharti v. State of Kerala
• Entertainment Network(India) ltd.V. Super Cassette
6.
4. PRESUMPTION THATLEGISLATURE
KNOWS LAW AND JUDICIAL DECISIONS
• Precedent
• The authority of precedent lost in following ways
1. Abrogation
• By express repeal
• By enacting another statute on the same subject matter
• By its reversal or overruling
2. Affirmation or reversal on different grounds
7.
3. Ignorance ofstatute
4. Inconsistency with the earlier decision of superior court
5. Inconsistency between earlier decisions of the courts of same rank
6. Precedent sub silentio or not fully argued
7. Decisions of equally divided courts
8. Erroneous decisions
8.
5. Presumption asto Jurisdiction of courts.
• Jurisdiction means the power of a court to hear, try and determine a
cause and to adjudicate upon it.
• Territorial jurisdiction, pecuniary jurisdiction and jurisdiction of the
subject matter.
• When the jurisdiction of the court is challenged the burden to prove
that the court does not have jurisdiction shall lie on the party
questioning it.
9.
6. PRESUMPTION ASTO RE-ENACTMENT
• Pratiraksha Mazdoor Sangh, Jalgaon & others v. State of
Maharashtra and others
• Statutes in Pari materia
10.
8. PRESUMPTION THATVESTED RIGHTS ARE
PRESERVED.
• Vested Rights :
1. Inherent Rights
Rights which are available by borth of a person
E.g . Right to sue
Exception: Right of an unborn child
2. Statutory Rights
Rights which are protected by law
E.g. Right to appeal
