MEANINGS, CATEGORIES, FUNCTIONS AND STRUCTURE OF PRESUMPTIONS: A STRUCTURAL ANALYSIS OF PRESUMPTIONS IN QANOON E SHAHADAT ORDER
DOI:
https://doi.org/10.52567/pjsr.v4i1.669Abstract
The objective of the present research was to explore the meanings, kinds, functions and structure of presumptions in common law and then use it as a conceptual framework to analyze presumptions in Qanoon e Shahadat (hereinafter QSO). The present study, after doctrinal analysis, found that presumption in common law is viewed as a rule of law which allows courts to draw certain conclusions on the basis of certain proved facts. Additionally, researchers have identified numerous categories, functions and methods to study the structure of presumptions in the process of proof in common law. Similarly, the study found five categories of presumptions, four major functions of presumptions, and four varying ways to examine the structure of presumptions in QSO. It is hoped that the present study will be helpful in appropriate understanding and application of presumptions in the process of proof in Pakistan.
Keywords: presumptions, burden of proof, structure of presumptions, categories of presumptions, presumptions in common law.
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