Questionable - Law Dictionary Search Results
Home Dictionary Name: questionablequestion
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
Leading question
Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...
Substantial question of law
Substantial question of law, the proper test for determining whether a question of law raised in the case is substantial would, in our opinion, be whether it is of general public importance or whether it directly and, substantially affects the rights of the parties and if so whether it is either an open question in the sense that it is not finally, settled by this court or by the Privy Council or by the Federal Court or is not free from difficulty or calls for discussion of alternative views. If the question is settled by the highest court or the general principles to be applied in determining the question are well-settled and there is a mere question of applying those principles or that the plea raised is palpably absurd the question would not be a substantial question of law, Chunilal V. Mehta v. Century Spq & Mfg. Co. Ltd., AIR 1962 SC 1314 (1318): 1962 Supp (3) SCR 549. [Constitution of India, Art. 133(1)]What is a substantial question of law would certainly depend upon fact and ci...
Question of law arising out of such order
Question of law arising out of such order, s. 66(1) speaks of a question of law that arises out of the order of the Tribunal. Now a question of law might be a simple one, having its impact at one point, or it may be a complex one, trenching over an area with approaches leading to different points therein. Such a question might involve more than one aspect, requiring to be tackled from different standpoints. All that s. 66(1) requires is that the question of law which is referred to the Court for decision and which the Court is to decide must be the question which was in issue before the Tribunal. Where the question itself was under issue, there is no further limitation imposed by the section that the reference should be limited to those aspects of the question which had been argued before the Tribunal. It will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of s. 66(1) of the Act, Commissioner of Income Tax v. I...
Question of fact
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. The past history of a company's business is a matter of fact, but its prospects of successful business in the future is a matter of opinion, Salmond on Jurisprudence, 12th Edn., p. 69: AIR 1994 SC 678.Means an issue that has not been predetermined and authoritatively answered by the law. An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building, Black's Law Dictionary, 7th Edn., p. 1260.Question of fact might be stated in an issue without pleadings by consent (C.L.P. Act, 1852, s. 42), and may now be so stated under (English) R.S.C. Ord. XXXIV, r. 9.In general when a jury is sworn it decides all the issues of fact; but if there arise in the course ...
Ad questiones facti non respondent judices; ad questiones legis non respondent juratores
Ad questiones facti non respondent judices; ad questiones legis non respondent juratores. Co. Litt. 295.-(Judges do not answer questions of fact; juris do not answer questions of law). See Broom's Leg. Max. Since the Common Law Procedure Act, 1854, and now by R. S. C. Ord. XXXVI., a judge in a civil action may answer questions of fact without a jury....
Question
Question, interrogatory; anything inquired. Putting to the question, i.e., torture.The word 'question' meant 'called inquestion as regards its reasonableness or practicability' and could not mean 'challenging its legality', Smt. Abida Begam v. Rent Control and Eviction Officer, AIR 1959 All 675 (680). [U.P. (Temporary) Control of Rent and Eviction Act, (3 of 1947), s. 16]Means anything inquire; an issue to be decided by a court of law. It may be a question of law or question of fact, Oriental Investment Co. Ltd. v. C.I.T., Bombay, AIR 1957 SC 852: (1958) SCR 49: (1958) SCJ 37: (1958) SCA 889: (1958) 1 Andh WR (SC) 18: (1957) 32 ITR 664: (1958) 1 Mad LJ (SC) 18....
Question of fact, mixed question of law and fact
Question of fact, mixed question of law and fact, In the determination of question of fact no application of any principle of law is required in finding either the basic facts or arriving to the ultimate con-clusion, in a mixed question of law and fact the ultimate conclusion has to be drawn by applying principles of law to basic findings, Meenakshi Mills, Madurai v. Commissioner of Income-tax, Mardas, AIR 1957 SC 49 followed Krishnawati v. Hans Raj, (1974) 1 SCC 289: AIR 1974 SC 280....
Question of law
Question of law, means of having substance, essential, real or sound worth, important or considerable, Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC 179.The proper effect of a proved fact is a question of law, and the question whether a tenancy is permanent or precarious a legal inference from facts and not itself a question of fact, Dhanna Mal v. Rai Bahadur Lala Moti Sagar, AIR 1927 PC 102.Question of law. See last title. See also JUDGMENT 'SPECIAL CASE; and TRIAL....
Answers to questions
Answers to questions, means the answers may be either oral or written, in the House of Commons, if a member does not distinguish his question by an asterisk or if he is not present to ask it etc. the Minister concerned causes an answer to be printed in the official Report; in the event of a discrepancy between the texts of the answers sent to the member and the official Report, the text sent to the member is considered the authentic reply. Parlia-mentary Practice, Erskine May, 22nd Edn., 1997, p. 292, 345.An oral answer is confined to the points contained in the question with such explanation only as would make the answer intelligible; however, a certain latitude is permitted to the Ministers of the Crown by permitting them to read out material and quotations from speeches at question time. Parliamentary Practice - Erskine May, 22nd Edn., 1997, p. 293....
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