The facts of any case are the foundation on which
the dispute between the parties arises. The
arguments are built by the counsel for the parties
in reference to the foundational facts for applying
the legal principles to decide the dispute. A clear
grasp of foundational facts are essential. The law
is applied on facts and when essential facts are
missed, misapplication
of law is bound to happen.
We may recall prophetic words of Mr. Justice
Cardozo when he said: "...
More and more we lawyers are
awakening to a perception of the truth
what divides and distracts us in the
solution of a legal problem is not so
much uncertainty about the law as
uncertainty about the facts the
facts which generate the law. Let the facts be
known as they are, and the law will
sprout from the seed and turn its
branches toward the light.”
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.802-803 of 2021
SUBODH KUMAR Vs SHAMIM AHMED
Author: ASHOK BHUSHAN, J.
Dated: March 03, 2021.
Read full Judgment here : Click here
Print Page
No comments:
Post a Comment