AD QUAESTIONEM FACTI NON RESPONDENT JUDICES

Literal Translation

The judges do not answer to a question of fact

Definition

These legal maxims means that, ‘The judges do not answer to a question of fact; the jury do not answer to a question of Law’. In simple words, the question of law is for the judge to decide whereas question of fact are for the jury to decide. Question of law are the questions that are decided by taking the help of law. Question of fact are the questions that are decided on the basis of evidence given by both the parties in proof or disproof of a fact.

Illustration

If the sale deed is proved to be executed by one A, but it is unregistered as required under the Indian Registration Act 1908, then the judge will decide the question of law if the sale deed passes on a good title or not. Whereas the question whether the sale deed was executed by A is a question of fact, it will be decided by jury.

Case Law

Damodar Lal v. Sohan Devi and ors [(2016) 3 SCC 78]

 Meenakshi Mills v. Commissioner of Income Tax, Madras (1956 SCR 691)

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