FACT – RELEVANT FACT (sHORT NOTES)

TABLE OF CONTENTS:

  1. Fact
  2. Fact in issue
  3. Relevant fact
  4. Maxims

Fact:- Fact means and includes— (1) any thing, state of things or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious, Section 3, Evidence Act, 1872 . Fact includes not only the physical fact which can be perceived by the senses but also the psychological fact or mental condition of which any person is conscious and that it is in the former sense that the word used by the Legislature refers to a material and not to a mental fact, H.P. Admn. v. Om Prakash, : 1972 SCC (Cri) 88.

In the Full Bench judgment of seven Judges in Sukhan v. The Crown ( ILR Vol. X Lahore 283) , which was approved by the Privy Council in Pulukuri Kotayya’s case, Shadi Lal, C.J., as he then was speaking for the majority pointed out that the expression ‘fact’ as defined by Sec. 3 of the Evidence Act includes not only the physical fact which can be perceived by the senses but also the psychological fact or mental condition of which any person is conscious and that it is in the former sense that the word used by the Legislature refers to a material and not to a mental fact.

Fact in Issue:- Fact in issue means and includes 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, Section 3, Evidence Act, 1872.

Relevant fact:- One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts, Section 3, Evidence Act, 1872 . It also means, applying to the matter in question; affording something to the purpose.

Maxims:-

Facta probanda:- The material facts on which the party relies for his claim are called facta probanda and they must be stated in the pleadings. But the facts or facts by means of which facta material facts are proved and which are in the nature of particulars or evidence need not be set out in the pleadings, Virender Nath Gautam v. Satpal Singh, AIR 2007 SC 581.

Facta sunt potentiora verbis:- Facts are more powerful than words. See. Cy. Law Dict.

Factum:- A person’s act or deed; anything stated or made certain.

Factum negantis nulla probatio:- No proof is incumbent on him who denies a fact. See. Cy. Law Dict.

Factum a judice quod ad ejus officium non spectat, non ratum est: An act of a judge which does not pertain to his of­fice is of no force. See. 10 Coke, 76; Dig. 50. 17. 170.

Factum cuique suum, non adversario, nocere debet:- A man’s actions should injure himself, not his adversary. See. Dig. 50. 17. 155.

Factum non dicitur quod non perseverat:- That is not said to be done which does not last. See. 5 Coke, 96.

Factum unius alteri nocere non debet:- The deed of one should not hurt an­other. See. Co. Litt. 152.

Evidence ActLaw Notes for LAW STUDENTS

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