One can define the law of evidence as a system of rules for ascertaining controverted questions of facts in Judicial inquiries. The law of evidence bears the same relation to a judicial investigation as logic to reasoning. The substantive law defines and confines the facts, constituting either a right or liability. The inquiry into these facts is regulated by a set of rules and principles which go by the name of law of evidence, which is a procedural law. Unless and until it has been proved according to the rules laid down in the Evidence Act, no Court can place reliance on a fact, while it decides a case. Bearing all these in mind, let us throw a glance on the meanings of, "May Presume", and "Shall Presume". May Presume Whenever it is provided that the Court may presume a fact, the Court may take notice of the fact without calling for its Proof or may call upon a party to prove that fact. And as such discretion lies wi ....