Judicial Dictionary - Q
Judicial Dictionary
Legislative Dictionary
Question of Fact
| Category | Q |
|---|---|
| Title | Question of Fact |
| Details | A question about the truth or falsity of an assertion. A question of fact is a factual dispute between litigants that must be resolved by the court. It is an issue that is material to the outcome result of the case and requires an interpretation of conflicting views on the factual circumstances surrounding the case. The question “what is a reasonable time” is, in each particular case, is a question of fact. [Section 43, explanation of the Contract Act, 1872]
The question “what is proper time and place” is, in each particular case, a question of fact. [Ibid., Section 48, explanation] Question of fact to be conclusive must have been independently arrived at by the Court of first appeal after discussion of evidence. [Bashiruddin vs. Mst. Sardar Begum (1955) 7 DLR (W.P) 87.] A finding though based on erroneous inference, drawn from documents, is nevertheless a finding of fact and as such it is binding on the Court unless the documents from which such inference has been drawn are instruments of title or otherwise the foundation of rights. [Gobordhan Lal Sarogi vs. I.G. N. Railway (1955) 7 DLR 517] |
| Created On | May 2, 2011, 5:38 AM |
| Hits | 552 |