Presumptions Against Repeal by Implications

INTRODUCTION Presumption as defined in black's law dictionary as a legal inference or assumption that a fact exists, based on the known or proven existence of some other facts or group of facts. Most presumptions are rules of evidence falling for a certain result in a given case unless the adversely affected party overcomes it with other evidence. A presumption shifts the burden of production or persuasion to the opposing party, who can then attempt …

…or continued after the repeal. The confusion resulting from all these consequences gave rise to the practice of inserting saving clauses in repealing statutes, and later on, to obviate the necessity of inserting a saving clause in each and every repealing statute a general provision was made in section 38(2) of the Interpretation Act, 1889. Similar provision is made in India in section 6 of the General Clauses Act, 1897(Act X of 1897) as also in corresponding State legislation.