Q Dictionary
Question
Question, interrogatory; anything inquired. Putting to the question, i.e., torture.The word 'question' meant 'called inquestion as regards its reasonableness or practicability' and could not mean 'challenging its legality', Smt. Abida Begam v. Rent Control and Eviction Officer, AIR 1959 All 675 (680). [U.P. (Temporary) Control of Rent and Eviction Act, (3 of 1947), s. 16]Means anything inquire; an issue to be decided by a court of law. It may be a question of law or question of fact, Oriental Investment Co. Ltd. v. C.I.T., Bombay, AIR 1957 SC 852: (1958) SCR 49: (1958) SCJ 37: (1958) SCA 889: (1958) 1 Andh WR (SC) 18: (1957) 32 ITR 664: (1958) 1 Mad LJ (SC) 18....
question of fact
question of fact see question ...
Question of fact
Question of fact, is one capable of being answered by way of demonstration, a question of opinion is one that cannot be so answered. The answer to it is a matter of speculation which cannot be proved by any available evidence to be right or wrong. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...
Question of fact, mixed question of law and fact
Question of fact, mixed question of law and fact, In the determination of question of fact no application of any principle of law is required in finding either the basic facts or arriving to the ultimate con-clusion, in a mixed question of law and fact the ultimate conclusion has to be drawn by applying principles of law to basic findings, Meenakshi Mills, Madurai v. Commissioner of Income-tax, Mardas, AIR 1957 SC 49 followed Krishnawati v. Hans Raj, (1974) 1 SCC 289: AIR 1974 SC 280....
question of law
question of law see question ...
Question of law
Question of law, means of having substance, essential, real or sound worth, important or considerable, Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC 179.The proper effect of a proved fact is a question of law, and the question whether a tenancy is permanent or precarious a legal inference from facts and not itself a question of fact, Dhanna Mal v. Rai Bahadur Lala Moti Sagar, AIR 1927 PC 102.Question of law. See last title. See also JUDGMENT 'SPECIAL CASE; and TRIAL....
Question of law arising out of such order
Question of law arising out of such order, s. 66(1) speaks of a question of law that arises out of the order of the Tribunal. Now a question of law might be a simple one, having its impact at one point, or it may be a complex one, trenching over an area with approaches leading to different points therein. Such a question might involve more than one aspect, requiring to be tackled from different standpoints. All that s. 66(1) requires is that the question of law which is referred to the Court for decision and which the Court is to decide must be the question which was in issue before the Tribunal. Where the question itself was under issue, there is no further limitation imposed by the section that the reference should be limited to those aspects of the question which had been argued before the Tribunal. It will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of s. 66(1) of the Act, Commissioner of Income Tax v. I...
Question of limitation
Question of limitation, is a mixed question of fact and law and the suit does not appear to be barred by limitation on the face of it, then the facts necessary to prove limitation must be pleaded, an issue raised and then proved, Narne Rama Murthy v. Ravula Somasundarm, (2005) 6 SCC 614....
Question of private importance
Question of private importance, AIR 1956 Punj 228 (230). [Constitution of India, Art. 133(1)(c)]...
Question relating to evacuees property
Question relating to evacuees property, the words 'question relating to the property of an evacuee' occurring in s. 50(1) of the Act are wide enough to ring questions arising in within that section. Civil suit for the enforcement of an agreement relating to evacuee property, Sohan Singh v. Ram Nath, AIR 1952 Punj 372. [Administration of Evacuee Property Act, 1950, s. 50 (1)]...