Factual - Law Dictionary Search Results
Home Dictionary Name: factualfactual
factual 1 : of or relating to facts [ issues] 2 : restricted to or based on fact fac·tu·al·i·ty [fak-chə-wa-lə-tē] n fac·tu·al·ly adv fac·tu·al·ness n ...
factual impossibility
factual impossibility see impossibility ...
factual
of or pertaining to facts as factual inaccuracies...
Grounds
Grounds, 'Grounds' within the contemplation of s. 8(1) of the Maintenance of Internal Security Act, 1971 means 'materials' on which the order of detention is primarily based. Apart from con-clusions of facts, 'grounds' have a factual constituent, also. They must contain the pith and substance of primary facts but not subsidiary facts or evidential details. This requirement as to the communication of all essential constituents of the grounds, Vakil Singh v. State of J&K, AIR 1974 SC 2337: (1975) 3 SCC 545.Grounds mean all the basic facts and materials which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based, Khudiram Das v. State of West Bengal, AIR 1975 SC 550: (1975) 2 SCC 81: (1975) 2 SCR 832.'Grounds' in Article 22(5) do not mean mere factual inferences but mean factual inferences plus factual material which led to such factual inferences. The 'grounds' must be self-sufficient and self-expl...
impossibility
impossibility pl: -ties 1 : the quality or state of being impossible ;also : the affirmative defense that something (as performance) is impossible 2 : something impossible 3 : impossibility of performance in this entry fac·tu·al impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a bomb that failed to explode, factual impossibility would be a defense against murder charges, but not attempted murder. impossibility of per·for·mance 1 : a doctrine in contract law that a party may be released from liability for breach of contract for failing to perform an obligation that is rendered impossible by uncontrollable circumstances (as death or failure of the means of delivery) 2 : a defe...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
affirm
affirm 1 : to assert as true or factual 2 : to assert (as a judgment) as valid or confirmed [ed the lower court's ruling] compare remand, reverse vi 1 : to make a solemn declaration under the penalties of perjury in place of swearing an oath to which one conscientiously objects 2 : to uphold the judgment or actions of a lower court [the appeals court ed] af·fir·mance [ə-fər-məns] n af·fir·ma·tion [a-fər-mā-shən] n ...
affirmative relief
affirmative relief : relief requested by the defendant to a lawsuit for injury which he or she claims to have suffered during the same factual situation the plaintiff claims to have been injured in and for which he or she could also bring a lawsuit ...
apparent
apparent 1 : capable of being easily seen, perceived, or discovered [ defects] [ ambiguity] 2 : having a right to succeed to a title or estate that cannot be defeated 3 : appearing to one's senses and esp. one's vision or to one's understanding as real or true on the basis of evidence that may or may not be correct or factual [an ability to cause injury] [the scope of the agent's authority] ap·par·ent·ly adv ...
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