Difference between ‘facts in issue’ and relevant facts

February 25, 2023

(1) A relevant fact  is a factum probandi, which is an evidentiary fact that directly or indirectly proves or disproves the facts in issue. A fact in issue is the primary facts in dispute, or factum probandum.

(2) The facts that are in dispute are those that have been affirmed by one side and disputed by another. Even while relevant  facts are not at issue in and of themselves, they are crucial in settling disputes. They serve as the basis for inferring things about them.

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(3) “Facts in issue” are those facts from which certain legal rights, liabilities, or disabilities may result and on the basis of which a decision is made. A “relevant fact” is not a requirement for the existence of a right or obligation. It merely assigns probability to the right and liability’s existence or absence.

 (4) ‘Facts in issue’ are determined by the Courts basing upon the facts/ pleadings of the case at the stage of “framing of issue/charge”, but the Courts consider the relevant facts in supporting/denying those ‘facts in issue’ during the trial of the case i.e. to prove the facts in issue.

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