Facts In Issue - Law Dictionary Search Results
Special case
Special case. By (English) R.S.C. 1883, Ord. XXXIV., the parties may, after writ issued, concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court, and 'if it appear to the Court or a judge that there is in any action a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court or judge may make an ordr accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case, or in such other manner as the Court or judge may deem expedient.' Similar power is given to referees to state a case by Ord. XXXVI., r. 52, and see the (English) Administration of Justice Act, 1932 (22 & 23 Geo. 5, c. 55). As to special case before the Judicature Acts, see (English) C.L.P. Act, 1852, ss. 42-48, and 13 & 14 Vict. c. 35 [(English) Turner's Act]. Where ...
Preliminary point
Preliminary point, is not confined to such legal points only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of which has precluded the necessity for determining other points or issues which have, therefore, been left undetermined, Vassantimal Devaldas v. Hiromal Mohammal, AIR 1947 Sind 94: 1946 ILR Kar 380: 227 IC 633.Means a point, the decision of which is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a point which relates to cause of action for the plaintiff or his 'locus standi' to bring to particular suit, Jit Kuarg Kehar Singh, AIR 1951 Pepsu 130.Preliminary point, refers to a point, the decision of which is sufficient to dispose of the whole suit without the necessity of deciding other points involved in the case, Jit Kaur v. Kehar Singh, AIR 1951 Pepsu 364....
Going to the Country
Going to the Country. When a party, under the system of pleading before the Common Law Procedure Act, finished his pleading by the words, 'and of this he puts himself upon his country,' meaning that he intended to take the verdict of a jury upon the issue of fact; this was called 'going to the country.' It was the essential termination to a pleading which took issue upon a material fact in the preceding pleading. See VERIFICATION....
burden of production
burden of production :the responsibility of the party that is presenting an issue or fact to produce evidence sufficient to support a favorable finding on that issue or fact called also burden of coming forward with the evidence burden of going forward with the evidence NOTE: The burden of production must be met in order to avoid a dismissal or directed verdict. Both parties to a suit usu. have burdens of production during the course of a suit, and often motions (as for summary judgment) impose a burden of production. ...
Similiter
Similiter [Lat.] (in like manner). Formerely when an issue of fact was tendered, the words were as follows: 'and of this the defendant puts himself upon the country'; or thus, 'and this the plaintiff prays may be inquired of by the country'; the issue and form of trial wre then both accepted on the other side (unless there appeared grounds for demurrer), by the words following: 'and the plaintiff (or the defendant, as the case may be) doth the like,' which latter words were called the Similiter. After the passing of the C.L.P. Act, 1852, the joinder of issue under s. 79 of that Act superseded the Similiter. See now ISSUE.The want of a similiter by the prosecutor in criminal cases is cured by the (English) Criminal Law Act, 1826 (7 & 8 Geo. 4, c. 64), s. 20....
trier of fact
trier of fact :the judge in a bench trial or jury in a jury trial that carries the responsibility of determining the issues of fact in a case called also factfinder finder of fact trier ...
Post-dated cheque
Post-dated cheque, are not invalid, but the banker should not pay such a cheque if presented before the date it bears. If therefore, a cheque dated on a Sunday is presented on the previous business day, it should be returned with the answer post-dated. A post-dated cheque, however, if presented at or after its ostensible date, should be paid though the banker knows it to be post-dated, and even if it has been presented before the date and refused payment, Halsbury's Laws of England, 4th Edn., Vol. 3(1), p. 143.Means a cheque must not be post-dated, that is, dated after the day on which it is presented for payment to the drawee branch. Post-dated cheques present for more difficulties to the banker than antedated cheques. There are practical difficulties rather than legal ones ..... But a cheque is generally post-dated because the drawer does not expect to have the funds to meet it until that date arrives. It is a mandate to the banker to the effect that it should not be paid before that...
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)...
res judicata
res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...
fraud
fraud [Latin fraud- fraus] 1 a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage ;specif : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby b : the affirmative defense of having acted in response to a fraud 2 : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with the actual intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is considered fraud under the law despite the absence of an intent to...
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