Presumptions & Estoppel — KSLU Bsa Notes

Presumptions & Estoppel

flowchart TD
    A["Kinds of PRESUMPTION"]:::root
    A --> B["MAY presume — discretionary<br/>(court may regard the fact as proved)"]:::leaf
    A --> C["SHALL presume — mandatory<br/>(court must, until disproved)"]:::leaf
    A --> D["CONCLUSIVE proof —<br/>irrebuttable (no evidence to disprove)"]:::no

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A presumption is an inference the court draws. “May presume” is discretionary; “shall presume” is mandatory but rebuttable (the court must presume until the fact is disproved); “conclusive proof” is irrebuttable. Key presumptions: legitimacy of a child born during a valid marriage (S.116, ← IEA S.112 — conclusive unless non-access is shown); the dowry-death presumption (S.118, ← IEA S.113B) and the abetment-of-suicide presumption (S.117, ← IEA S.113A).

Estoppel (S.121, ← IEA S.115) prevents a person who, by his declaration, act or omission, has intentionally caused another to believe a thing to be true and to act on that belief, from later denying its truth in a suit between them. It is a rule of evidence, not a cause of action, and bars only the person estopped — including a tenant’s estoppel from denying the landlord’s title at the start of the tenancy (S.122) and the estoppel of a licensee/acceptor (S.123).