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Q. What are the presumptions in interpretation of a statute? Discuss the presumptions as to jurisdiction of a statute. Can the jurisdiction of Supreme court or High Court be affected by a statue? How is the terrestrial operation of a statute decided? 

We interpret legislation against a background of a series of presumptions. In this context a presumption may be regarded as a prima facie assumption as to legislative intent. Presumptions are different from rules in that a rule is a principle of the common law, settled by authority while a presumption is legal inference or assumption that shifts burden onto party advocating opposing view or interpretation. The basis for the presumption is that notwithstanding the power to effect a change, full literal intention will not ordinarily be ascribed to general words where it would conflict with recognised principles that the Parliament would be prima facie expected to respect. Presumptions are nothing but certain standard assumptions made by the Courts over a period of time. They are used only as a starting point and there rebuttal depends on the the wordings of a statute. The following are the most widely acknowledged presumptions -
  1. Statutes are valid
  2. Statutes are territorial in operation
  3. Presumption against what is inconvenient or absurd
  4. Presumption against intending injustice
  5. Presumption against impairing obligations or permitting advantage from one’s own wrong
  6. Prospective operation of statutes
  7. Presumption as to jurisdiction
    1. Presumption against ouster of established juristictions
    2. Presumption against violation of Internation law
    3. Presumption again extra - terristrial operation of statute
    4. Presumption whether statutes affect the state