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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]
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