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Aakritu   13 March 2022

Legal maxim

What is the scope of the maxim of "Ad Quaestionem Facti Non-Respondent Judices"?


 1 Replies

Aarushi   13 March 2022

The Latin phrase of Ad Quaestionem Facti Non-Respondent Judices is a legal maxim which literally means the judges do not answer to a question of fact. Simply, we can say that the judges only deal with those aspects of the case which do not deal with the questions of facts. Here, it is important to note what is called the question of fact. Anything question pertaining to the case which can be answered with the help of evidence or witnesses collected by the parties and presented before the Court is called a question of fact, while a question of law is the one which shall be decided with the help of law.

Meenakshi Mills, Madurai v. Commissioner of Income Tax, Madras

In this case, the question of benami, was considered a question of fact and thus was not touched upon by the judges, since it did not involve any analysis of the provisions of law.

Damodar Lal v. Sohan Devi & Ors.

The Supreme Court observed that the High Court was wrong in changing the course of the appeal, the facts of which have already been discussed in the first appellate court, since it was a question of facts and not that of the law. Even if the findings of the evidence have been wrong, it is still not a question of law and shall not be touched upon by the judges.

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