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Showing posts from December 2, 2014

Material facts, cause of action, nexus thereof

a)       In order to commence a legal action, the person must have some real grievance against any person, i.e. he must claim that his rights, whether under the law, or under the contract, or under equity, or under the common law or customs, is infringed; or must say that law has been breached to his prejudice. b)       A heavy burden is ordinarily cast upon the Person who invokes the jurisdiction of the Court, claiming that his rights have been infringed or the law is breached to his prejudice; and he has to make out a clear cut case for the reliefs he claim / pray for. c)       Narration of material “Facts of the Case” is the “backbone” of any litigation; and is perhaps one of the most important skills of the draftsman, and which really decides the “fate” and “length” of the concerned litigation. Therefore, it is of core importance to understand what really constitute “Material Facts of the Case”. d)      The question may arise as what constitutes “Materia