Fact Discovered - Law Dictionary Search Results
Home Dictionary Name: fact discoveredFact discovered
Fact discovered, The expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this, Prabhoo v. State of Uttar Pradesh, AIR 1963 SC 1113 (1115). [Evidence Act 1872 (1 of 1872), s. 27]It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past history, of the objects produced is not related to its discovery in the setting in which it is discovered. Information supplied by a person in custody that 'I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the inform...
Fact
Fact, question of. See QUESTIONS OF FACT.Something that actually exists; as aspect of reality, Black's Law Dictionary, 7th Edn., p 610.The word 'fact' means some concrete or material fact to which the information directly relates, Earabhadrappa alias Krishnappa v. State of Karnataka, AIR 1983 SC 446: (1983) 2 SCC 330: (1983) 2 SCR 552.Means and includes:(1) anything, state of things, or relation of things, capable of being perceived by the senses;(2) any mental condition of which any person is conscious; (Evidence Act, 1872, s. 3)A fact discovered within the meaning of s. 27 must refer to a material fact to which the information directly relates. In order to render the information admissible the fact discovered must be relevant and must have been such that it constitutes the information through which the discovery was made, H.P. Administration v. Om Prakash, AIR 1972 SC 975 (984). (Evidence Act, 1872, s. 27)Fact, should be given a broad and not a narrow or pedantic meaning. The word co...
Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
Distinctly
Distinctly, the word 'distinctly' means 'directly', 'indubitably' 'strictly', 'unmistakably'. The word has been advisedly used to limit and define the scope of the provable information. The phrase 'distinctly' relates 'to the fact thereby discovered' (sic) (and?) is the linchpin of the provision, Mohd Inoyatallah v. State of Maharashtra, (1976) 1 SCC 828: AIR 1976 SC 483 (485). (Evidence Act, 1872, s. 27)The word 'distinctly' means 'directly', 'indubitably', 'strictly', 'unmistakably'. The word has been advisedly used to limit and define the scope of the provable information. The phrase 'distinctly' relates 'to the fact thereby discovered' and is the linchpin of the provision, Anter Singh v. State of Rajasthan, AIR 2004 SC 2865 (2869): (2004) 10 SCC 657. (Evidence Act, 1872, s. 27)...
Discoverer
One who discovers one who first comes to the knowledge of something one who discovers an unknown country or a new principle truth or fact...
Discover
Discover, means simply to find out, and applies to the discovery of an error in law and an error in fact, IRC v. Mackinlay's Trustees, 1938 SC 765: 22 TC 305 (UK)....
Heuristic
Serving to promote discovery or learning used especially of thories or paradigms which stimulate new ideas for discovering facts in experimental sciences...
Impediment
Impediment, means a hindrance or obstruction, esp., some fact (such as legal minority) that bars a marriage, if known, but that does not void the marriage if discovered after the ceremony, Black's Law Dictionary, 7th Edn., p. 756....
Discovers
Discovers, the word 'discovers' in s. 15 of the Act is of sufficient amplitude to take in subsequent events which have a material bearing on the facts and circumstances on which assessment had been made or relief granted, and that when the Excess Profits Tax Officer finds that an assessee to whom relief had been granted under s. 26(3) has utilised the buildings, plant or machinery in business after the termination of the war, he is entitled to proceed under s. 15 of the Act, India United Mills Ltd. v. Commissioner of Excess Profits Tax, AIR 1955 SC 79 (84). (Excess Profits Tax Act, 1940, s. 15)...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
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