9 Major Differences between Presumption Notice and Judicial Notice are given below:
Presumption:
1. A presumption is an inference as to the existence of a fact not actually known arising from its connection with another which is known.
ADVERTISEMENTS:
2. A presumption is a conclusion drawn, from the proof of facts or circumstances and stands as establishing facts until overcome by contrary proof. A presumption can be rebutted by contrary proof.
3. A presumption is a probable consequence drawn from facts (either certain, or proved by direct testimony) as to the truth of a fact alleged but of which there is no direct proof.
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4. A presumption inherently imports an act of reasoning for a conclusion of the judgment.
5. A presumption is applied to denote such facts or moral phenomena, as from experience, we know to be invariably or commonly connected with some other related facts.
ADVERTISEMENTS:
6. A presumption is required proof of one fact by the proof another fact.
7. Much discretion is given to the Courts in accepting or rejecting a presumption.
8. Burden of proof lies on the party seeking a presumption.
9. There are three kinds of presumptions: may presume; shall presume and conclusive proof.
Judicial Notice:
ADVERTISEMENTS:
1. A judicial notice is a fact; a Judge takes it without proof.
2. A judicial notice is a notorious fact. Generally it cannot be rebutted.
3. A judicial notice is not a probable consequence drawn from facts, but is a real fact.
4. There is no necessity of reasoning in the judicial notice.
5. A fact, which is entitled to be a judicial notice, is generally made and published by the State or by any authority under the law.
6. A judicial notice does not require proof.
7. Very meager discretion is given to the Courts in case of judicial Notice.
8. There is no such burden of proof on the party seeking judicial notice.
9. There is no such division in judicial Notice.