question of law. In between the domains occupied
respectively by question of fact and law, there is a larger
area, in which both these questions ... question of fact or a
question of law according as the point for determination is
one of pure fact or a mixed question of law
been tried as a
preliminary issue, not the question of facts or a mixed question of law
and facts, that too, when the case ... ascertained which is entirely a question of fact. A plea of limitation
is a mixed question of law and fact. In our considered opinion
inference from facts is a question of law. In
this respect, mixed questions of law and fact differ from
pure questions of fact in which ... applied either to
findings on, pure questions of law or on mixed questions of
law and fact .... It is wholly illegitimate, in my view
Mixed question of law and fact has been held to be a question of law. Facts may be settled, so is the law ... appeals by taking within the expression "question of law" the concepts of mixed questions of fact and law, the legality of inference from
question of law and facts’ in
every case. Rather, the plea of res judicata would be a question of law or fact or a
mixed ... fact, an issue of law, or one of mixed law and
fact. An issue of fact or an issue of mixed law and fact
decided
held that the question of benami is purely a
question of fact and not a mixed question of law and fact as
it does ... fact or as the determination
of the question of law or of mixed law and fact, the same
result would be reached in this
inference from facts is a question of law. In this respect, mixed questions of law and fact differ from pure questions of fact in which ... applied either to findings on pure questions of law or on mixed questions of law and fact...... It is wholly illegitimate, in my view
respects, mainly contending that the question
of territorial jurisdiction is mixed question of fact and law which
1
(2005) 7 Supreme Court Cases ... territorial jurisdiction
may be a pure question of law and may be a mixed question of fact
and law. if, it is mixed question
APPEAL-517-2015-J..doc
pure question of law and not a mixed question of law and fact
by recording evidence. Mr. Khambata would, however ... facts of the case. Question of jurisdiction,
even if it is a mixed question of law and fact, it is required to
be decided first
questions that
may be determined as preliminary questions. The Court made it
clear that issues based on mixed questions of fact and law cannot ... pure question of fact, nor pure question of law can be
termed as mixed question of law and fact. The general rule is that
limitation
