Section 3A(2) only embodies a Rule of evidence which command the department to presume certain facts. Such presumptions are not unknown to law. Whereas presumptions are Rules of evidence for determining the existence or otherwise of certain facts in issue in a litigation. "Presumptions were inferences which the judges were directed to draw from certain states of facts in certain cases, and these presumptions were allowed a certain amount of weight in the scale of proof; such a presumption and such evidence amounted to full proof, such another to half full, and so on." Nothing was brought to notice to say that a non-sovereign law making body cannot make a Rule of evidence containing a presumption. Agricultural Market Committee v. Shalimar Chemical Works Ltd. is not an authority for the proposition that a presumption cannot be created by subordinate legislation. [31] and[32]
IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 7823, 7825 and 7824 of 2014
Decided On: 24.03.2017
Bhuwalka Steel Industries Ltd. and Ors.
Vs.
Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
Jasti Chelameswar and Abhay Manohar Sapre, JJ.
Citation:(2017) 5 SCC598
