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Fact - Law Dictionary Search Results

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Fact of State

Fact of State, The question whether the Dominion of India was entitled to exercise extra provincial jurisdiction over the Shillong administered areas on April 15, 1948 which was the material date. The question at issue is not purely a question of fact but a question relating to a 'fact of State', Hardeodas Jagannath v. State of Assam, AIR 1970 SC 724 (727). (Extra Provincial Jurisdiction Act, 1947, s. 6)...


Facts in issue

Facts in issue, the expression 'facts in issue' means and includes-any fact from which, either by itself or in connection with other facts, existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows (Evidence Act, 1872, s. 3)....


Suppression of facts

Suppression of facts, failure to pay duty or take out a licence is not necessarily due to fraud or collusion or wilful misstatement or suppression of facts or contravention of any provision of the Act. Suppression of facts is not failure to disclose the legal consequences of a certain provision, Padmini Products v. CCE, AIR 1989 SC 2278 (2284): (1989) 4 SCC 275....


predicate fact

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Statement of fact

Statement of fact, for the purpose of section can be one which is capable of proof as 'false' and which the maker either 'believe to be false' or 'did not believe to be true' at the time of making it. A 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, Gadakh Y.K. v. Bala Saheb Vikhe Patil, AIR 1994 SC 678. [See Representation of People Act (43 of 1957), s. 123(4)]...


Mixed questions of law and fact

Mixed questions of law and fact, cases in which a jury are to find the particular facts, and the court is to decide upon the legal quality of those facts by the aid of established rules of law, independently of any general inference or conclusion to be drawn by a jury. All technical expressions, such as asportation, conversion, acceptance, etc., are, in their application, partly matters of law, partly matters of fact. See 6 East, 3; 1 T.R. 167; and Taylor's Evid., s. 24....


ultimate fact

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mediate fact

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material fact

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adjudicative fact

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