DISCORDANCE IN LAW AND FACT

SYNOPSIS:
(1) Meaning of Discordance
(2) Question of law
(3) Question of fact
(4) Meaning of legal presumption and types with Illustrations
(5) Classification of legal presumptions --- conclusive and
Rebuttable presumptions
(6) Legal fiction with illustrations
(a)Definition
(b) Meaning
(c)Classification that is --- historical fiction and Dogmatic
fiction
(7) Case law --- Andhra Pradesh v K.V.L.N. Rao

(1) Meaning of discordance: Lack of agreement or harmony

(2) Question of law: A question of law involves the
interpretation of principles that are potentially applicable to
other cases. ... In contrast, a question of fact requires an
interpretation of circumstances surrounding the case at hand.
Resolving questions of fact is the chief function of the jury.
Meaning of legal presumptions with Illustrations: Presumption
means an act of accepting that something is true until it is proved not
true. If certain facts are established, a judge or jury must assume
another fact that the law recognized as a logical conclusion from the
proof that has been introduced. A Rule of law which permits a court
to an Examples:
(1)A child born of a husband and wife living together is presumed to
be the natural child of the husband, unless there is a conclusive
proof he is not;
(2) A person who has disappeared and not heard from for seven
years is presumed to be dead, but the presumption could be
rebutted if he/she is found alive;
(3) An accused person is presumed innocent until proven guilty.
Assume a fact is true until it is proven otherwise.

Classification of legal presumption:

1) “May presume” or presumption of fact or natural presumption
These are inferences naturally and logically drawn from
experience and observation of human mind, actions, habits, etc.
Here the court may presume a fact and it may either regard such
fact as proved unless and until it is disproved.
The word “May” in the definition shows that it is not obligatory
on the part of the court to presume such fact always. It is left to
the discretion of the court accept the presumption or reject it.

Distinctions between legal fiction and legal presumptions

There is a clear distinction in law between a legal fiction and

presumption.
A distinction commonly taken between the fiction and the legal
presumption runs something as follows

Legal fiction Legal presumption

fiction assumes something a presumption (whether
which is known to be false conclusive or rebuttable)
assumes something which may
 possibly be true.
Fictions always conflict with whereas presumptions may
reality. prove to be true

Court and legal fiction

1. The function of the court is to ascertain for what purpose the
‘legal fiction’ is created. In this connection the court has to
assume all the facts and consequences which are incidental for
giving effect to the fiction.
2. In interpreting the fiction, the facts and consequences are not
beyond the purpose for which it is created i.e, beyond the
language of the section by which legal fiction is created. The
facts and consequences cannot also be extended importing
another legal fiction.
3. A legal fiction is enacted by using the words ‘for the purpose of
the act’ is normally restricted to that act and cannot be
extended to cover another act.
4. Facts can only be deemed to exist under a legal fiction and not
consequences. This is important rule of interpretation.
5. Delegated legislations may also create such legal fictions.
However legal fiction created by the legislature in an act cannot
be widened by the rules made under the act or under the
delegated legislation.
6. After ascertaining the purpose of the legal fiction, ‘full effect
must be given to the statuary fiction’ and it must be carried to
its logical conclusion.
7. When a statute enacts that something is deemed to have been
done, which in fact is not done, the court is bound to ascertain
for what purposes the statutory fiction has been resorted to.
8. It is necessary to assume all facts on which alone the fiction can
operate. If imaginary state of affairs is treaded as real ,it is
necessary to imagine the consequences as real.