G. Vasu vs Syed Yaseen Sifuddin Quadri on 8 December, 1986
33. The Evidence Act provides for presumptions, which
fit within one of three forms: 'may presume' (rebuttable
presumptions of fact), 'shall presume' (rebuttable
presumption of law) and conclusive presumptions
(irrebuttable presumption of law). The distinction between
'may presume' and 'shall presume' clauses is that, as regards
the former, the Court has an option to raise the presumption
or not, but in the latter case, the Court must necessarily raise
the presumption. If in a case the Court has an option to raise
the presumption and raises the presumption, the distinction
between the two categories of presumptions ceases and the
fact is presumed, unless and until it is disproved, [G.Vasu
V. Syed Yaseen (Supra)]
Section 139 NI Act-Effect of Presumption and Shifting
of Onus of Proof