Fact in Issue


Fact:

The term ‘fact ‘means an existing thing. the object of the sense. Right and liabilities in a judicial proceeding emerge out of facts.

Facts are categorized into

(a) Physical Facts and

(b) Psychological Facts.



 

a)Physical Facts:

It means and includes anything, state of thing or relation of things, capable of being perceived by sense. In other words, all facts, which are subject to perception by bodily sense, are called Physical Facts. They are also known as external facts.

b) Psychological Facts:

They are also known as ‘internal facts’. Those facts, which cannot be perceived by senses, are called Psychological Facts.

 Fact in issue:

Generally fact in issue is those  facts , which are under  consideration  of the court  and in which  the court  has  to give  its adjudication .Fact  in issue is those  issues , which are  claimed  by one party  and denied by other.

Moonir states about that “Any fact  from  which  either  by itself  or in connection  with other  facts, the existence, non-existence  mature or extent  of any right, liability , or disability  asserted  or denied  in any suit  or proceeding  necessarily”.

Similarly Wilkins and Cross have also observed about  fact in issue .As per them  fact is issue means “A set of fact  from  which  some legal ,liability ,disabilty  which is  the  subject  matter  of the enquiry , necessarily  arises  and upon  which  decision  must  be arrived  at. Fact in issue  are all those  fact which  the plaintiff  in a  civil  action  or the prosecutor  in criminal  proceeding  must  prove  in order  to succeed”.

Admissible Fact:

Certain facts though relevant are not admissible on the grounds of public policy   or privilege granted with the witness .Voluntarily confessed by an accused is admissible.

 Corroborative Fact:

Facts, which are given in support of some other facts, are called corroborative facts.

 Proof:

When evidence is proved a per the rule  of the  evidence  it is regarded  as proof. Document properly tendered whose signature is proved becomes a proof as to contents of document.

Conclusive Proof:

Certain facts are conclusive  proof, which can not  be denied , in legal  proceeding .The law  presumes that  a child  under  10 years  cannot  form  means rea .Therefore  any wrong  committed  by child under 10 years  is conclusive  proof  that he/she  did it innocently. Any case, which is finally decided by any competent court, is conclusive proof that the case got final decision.