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QUESTION OF LAW AND FACT.pptx

This document discusses different types of legal questions and presumptions. It outlines that questions of law relate to the application of established legal rules to facts, while questions of fact concern anything that can be perceived or is a mental condition. Presumptions can be conclusive, where the inference is always accepted, or rebuttable, where evidence can dispute the presumption. Legal fictions involve assuming something untrue in order to apply an unchanged law to a new situation.

Law◦
QUESTION OF LAW AND FACT
QUESTION OF LAW ❖Questions concerning matters on which there exists well established rules of law binding on courts. ❖Courts have little discretion. ❖Application of general rule to a particular set of facts.
❖ Questions as to what the law is ❖In absence of an authoritative precedent or enactment. ❖Uncertainty in law. ❖Ambiguity in a statutory provision amounts to question of law in the second sense. ❖ Certain questions coming within the scope of a jury. ❖Not applicable in India
QUESTION OF FACT ❖ Fact – Section 3 Indian Evidence Act 1872 “Anything, state of things, or relation of things, capable of being perceived by the senses or any mental condition of which any person is conscious.” ❖ All questions which are not questions of law. ❖ Such questions are answered based on the evidence adduced. Question of Judicial Discretion ⮚ Exercise of its own judgment and decides dispute according to what is right, just equitable or reasonable.
PRESUMPTIONS ❖ Conclusive Presumptions – Presumptio juris et de jure ❖ The courts infer existence of one fact from the existence of another, even though that inference could be proved to be false. ❖ Legitimacy of Child ❖ Doli incapax ❖ Rebuttable Presumptions ❖ An inference is drawn by the court though there is no sufficient evidence to support it. However if sufficient evidence is given to contradict a rebuttable presumption drawn by the court, it maybe rejected. ❖ An accused is innocent until proven guilty.
LEGAL FICTION(FICTIO JURIS) “Any assumption which conceals or tends to conceal the fact that the rule of law had undergone any alteration, its letter remaining unchanged but its operation being modified.” - Henry Maine ❖ Departure from actual state of things. ❖ Adoption of a child ❖ Incorporation of a company and recognition as a legal person.