Find - Law Dictionary Search Results
Home Dictionary Name: findfinding
finding : a determination resulting from judicial or administrative examination or inquiry (as at trial) esp. into matters of fact as embodied in the verdict of a jury or decision of a court, referee, or administrative body or officer ;also, usu pl : a written statement of such determinations see also factfinding compare decision, holding, opinion, ruling finding of fact : a determination made by the trier of fact as to a factual issue based on the evidence presented in a case NOTE: Conclusions of law are based on findings of fact. finding of law : a court's determination of the law as applied to a case : conclusion of law gen·er·al finding : a finding that the facts in general support a judgment in favor of one of the parties spe·cial finding : a finding setting out the ultimate facts upon which the court's judgment is based ...
Finding mains holding
Finding mains holding, a court properly has find-ings of fact and holdings or conclusions of law. The writer of the following sentence observed the distinctions meticulously. Because we find that the jury's finding of concurrent fault is amply supported by the evidence, we hold that appellee is entitled to full indemnity.In appellate courts, properly, only holding are affirmed, whereas factual findings are disturbed only when clearly erroneous, against the great weight of the evidence, etc., depending on the standard of review. Generally, it is not correct for an appellate Court to say that it affirms a finding of fact, Uttam Singh Duggal & Sons. v. Union of India, AIR 2002 Del 471....
Finding
Finding, the word 'finding', will only cover material questions which arise in a particular case for decision by the authority hearing the case or the appeal which, being necessary for passing the final order or giving the final decision in the appeal, has been the subject of controversy between the interested parties or on which the parties con-cerned have been given a hearing, C.I.T. v. Vadle Pulliah, AIR 1973 SC 2434 (2436). [Income Tax Act, 1922 s. 34(3), Second Proviso] I.T.O. v. Murlidhar Bhagwandas, AIR 1965 SC 342: (1964) 6 SCR 411.The expression 'finding' means a finding necessary for giving relief in respect of the assessment for the year in question and, therefore, no decision can be said to be a finding within the meaning of this provision unless it can be said of it that it was necessary for the disposal of the appeal or proceeding, Commissioner of Income Tax v. S. Raghubir Singh Trust Through Chairman Major Harjender Singh, AIR 1980 SC 98: (1980) 2 SCC 212.Means the year ...
Finding and direction
Finding and direction, The expression 'finding' and 'direction' are limited in meaning A finding given in an appeal, revision or reference arising out of an assessment must be a finding necessary for the disposal of the particular case, that it to say, in respect of the particular assessee and in relation to the particular assessment year. To be a necessary finding, it must be directly involved in the disposal of the case, Rajinder Nath v. C.I.T., AIR 1979 SC 1933 (1934): (1979) 4 SCC 282: (1980) 1 SCR 272. [Income Tax Act, 1961, s. 153(3)(ii)]...
Alter the finding
Alter the finding' the expression 'alter the finding' has only one meaning, and that is alter the finding of conviction and not the finding of acquittal, State of Andhra Pradesh v. Thadi Narayana, AIR 1962 SC 240 (244): (1962) 2 SCR 904. [Criminal Procedure Code, 1898, s. 423 (1)(b)]...
find
find found find·ing vt 1 : to come upon accidentally or through effort [found a valuable antique in the old desk] [found a buyer for the property] 2 : to make a judicial determination regarding [found the testimony not credible] [found the defendant guilty] compare decide, hold vi : to make a judicial determination [the jury found in favor of the plaintiff] ...
finding of fact
finding of fact see finding ...
finding of law
finding of law see finding ...
general finding
general finding see finding ...
special finding
special finding see finding ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial