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📍Words Of The Day - Presumption of death
Presumption of innocence
Presumption of legitimacy

(55) Presumption of death - මියගිය බවට පූර්වානුමිතිය

If the whereabouts of a person are not known for a period of seven years by those who would naturally have heard of him, he is presumed to be dead.

යම් තැනැත්තකු කොතැනක සිටින්නේ දැයි ස්වභාවයෙන් දැන ගත යුතු තැනැත්තන් විසින් සත් අවුරුදු කාලයක් තුළ නොදැන සිටී නම් ඔහු මිය ගොස් ඇති බවට පූර්වානුමිතියක් ඇත.

-Dictionary Of Law by U.D.J.Jinadasa & Aruna Udawatta (AAL)-

The presumption of death is a legal concept that arises when a person has been missing for an extended period of time, usually seven years or more, and there is no evidence to suggest that they are still alive. In such cases, the law presumes that the person is dead, even if there is no proof of their death.
For example, if a person goes missing and is not heard from for seven years, their family may apply for a presumption of death certificate. This certificate allows them to deal with the person's estate and other legal matters as if they were dead.

-Copied from L*D Page -




(56) Presumption of innocence - නිර්දෝෂත්වයේ පූර්වානුමිතිය

An accused person is presumed to be innocent until the prosecution has proved the case against him beyond reasonable doubt. This concept of the English law is followed by many common countries .

පැමිණිලි පක්ෂය විසින් චූදිතයකුට විරුද්ධ නඩුව සාධාරණ සැකයෙන් තොරව ඔප්පු කරන තෙක් ඔහු නිර්දෝෂ බවට පූර්වානුමිතියක් ඇත. ඉංග්‍රීසි නීතියේ මෙම සංකල්පනය බොහෝ පොදු රාජ්‍ය මණ්ඩලයීය රටවල් විසින් අනුගමනය කෙරේ

-Dictionary Of Law by U.D.J.Jinadasa & Aruna Udawatta (AAL)-


A presumption of innocence means that a person accused of a crime is considered innocent until proven guilty. This means that the prosecutor has the burden of proving beyond a reasonable doubt that the accused committed the crime. The presumption of innocence is a fundamental principle of a fair trial.
For example, if someone is accused of stealing a car, they are presumed innocent until the prosecutor proves that they did, in fact, steal the car. The prosecutor must provide evidence that shows the accused had the intent to steal the car, took the car without permission, and knew that they were not authorized to take the car.

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(57) Presumption of legitimacy - විවාහජත්වයේ පූර්වානුමිතිය


A child born during lawful marriage is presumed to be legitimate.This presumption can only be rebutted by strong preponderance of evidence . ( See s.112 Evidence Ord.)

නීත්‍යානුකූල විවාහයකදී උපන් දරුවකු විවාහජ බවට පූර්වානුමිතියක් පවතින අතර මෙය බිඳ හෙලිය හැක්කේ ප්‍රබල වැඩිබර සාක්ෂි මත පමණි.( සාක්ෂි .ප. 112 බලන්න

-Dictionary Of Law by U.D.J.Jinadasa & Aruna Udawatta (AAL)-

The presumption of legitimacy is a legal concept in family law that assumes a child born to a married couple is the legitimate child of the husband. This means that the husband is presumed to be the father of the child unless proven otherwise.
There are three situations where the presumption of legitimacy applies:
• The child was conceived or born while the parents were married, even if the marriage was later found to be invalid.
• The parents got married after the child was born, and the father agreed to have his name on the birth certificate or to support the child.
• The father welcomed the child into his home and treated the child as his own.
For example, if John and Jane are married and have a child, the law presumes that John is the father of the child. However, if Jane has an affair and the child is not John's biological child, John can challenge paternity and prove that he is not the father.
The presumption of legitimacy is important because it provides legal protection for children born to married couples. It ensures that they have a legal father who is responsible for their care and support.
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✍️Nirosha Dilrukshi Jayathilake

LexEd:English for Legal Minds හරහා නීතිමය පාරිභාෂිත වචන දැනගන්න