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What is fact in issue'?
Explanation
In legal terms, specifically under Section 3 of the Indian Evidence Act, 1872, a "fact in issue" refers to any fact from which the existence, non-existence, nature, or extent of any right, liability, or disability asserted or denied in any suit or proceeding necessarily follows.
Essentially, these are the central facts that are in dispute between the parties. When one party affirms a particular fact to establish their legal position and the other party denies it, that fact becomes a fact in issue. These are also known as factum probandum (facts to be proved). In contrast, "relevant facts" are those that are not in issue themselves but are logically connected to the facts in issue as per Sections 5 to 55 of the Act.
SIMILAR QUESTIONS
Any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows is known as :
'A' sues 'B' for a libel imputing disgraceful conduct to 'A', 'B' affirms that the matter alleged to be libelous is true. Which one of the following is not a relevant fact ?
The Supreme Court of India tenders advice to the President on a matter of law or fact
Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R).
Assertion (A) : During the 20th century, poverty and poor people have become the subject of our concern and duty.
Reason (R) : Strategically there was lack of targeted actions due to which this issue got momentum.
Select the correct answer from the code given below :
Code :