Difference between the Judicial Notice and Presumptions are given below:
A judicial notice is that which a Judge will take of a fact without proof. Acceptance by Court for the purpose of a case, of the truth of certain notorious facts without requiring proof chapter-Ill of Part-Ill, containing Sections 56 to 58, explains about “Facts which need not be-proved”.
ADVERTISEMENTS:
Section 56 provides about “Facts judicially noticeable need not be proved”. Section 57 provides about “Facts of which Court must take judicial notice”. Section 58 explains about “Facts admitted need not be proved”.
A presumption is an inference drawn pertaining to one fact by the Judge by the support of another proven fact. The presumptions mainly of two kinds:
Image Source: i.ytimg.com
(i) Presumptions of Facts/Natural Presumptions/Rebuttable Presumption’s; and
(ii) Presumptions of Law/Artificial Presumptions.
ADVERTISEMENTS:
The Presumptions of Law are of two kinds: (i) Rebuttable Presumptions of Law; and (ii) Conclusive Proofs (Irrefutable Presumptions).
Presumptions may be rebutted. Until a presumption is rebutted by sufficient and strong evidence, the Court with its judicial notice presumes such a presumption is valid.
If a presumption is not rebutted by the party upon whom the burden of proof lies to adduce the evidence to rebut, in the opinion of the Judge such a presumption remains intact as a judicial notice. In such an occasion, a presumption becomes a judicial notice, a strong proven fact and proof.
Strictly speaking, a judicial notice cannot be rebutted so easily. However a presumption drawn by the Judge can be rebutted by the opposite party by adducing strong evidence.
ADVERTISEMENTS:
Therefore, even after taking the judicial notice of a presumption, the party opposing is allowed to adduce the evidence to rebut it.