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Showing posts from May, 2015

How a Fact is Proved

How a “Fact” is Proved Facts occupy center position in any Litigation. Every litigation presupposes the accrual of “cause of action”, that is to say, reasons for initiating legal action in the Court of law. Accrual of cause of action presupposes infringement of some statutory right / fundamental right / equitable right / contractual right / common law right or any other right recognized under the statutes or customs. 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. Broadly speaking, Cause of action has two dimensions, one, the accrual of cause of action, i.e. that moment of time when the rights of the Person is infringed and such infringement of right entitles him to move the Court of law, although he may choose no