Ascertain - Indian Laws - General

Ascertain In Black s Law Dictionary as under: Ascertain. To fix; to render certain or definite; to estimate and determine; to clear of doubt or obscurity. To insure as a certainty. To find out by investigation. U.S. v. Carver, 260 U.S. 482, 43 S.Ct. 181, 182, 67 L.Ed. 361. Sometimes it means to assess ; or to hear, try and determine . In Webster s Dictionary , the meaning of word ascertain reads as under: ascertain 1 To learn with certainty about; find out. 2 Obs. To make certain; determine; define. See synonyms under DISCOVER. KNOW [ OF acertener, a- to ( L ad-) + certain. See CERTAIN ] -ascer-tain a-ble adj. -as cer-tain a-ble-ness n. -as -cer-tain ably adv. -as cer-tain ment n. In Stroud s Judicial Dictionary of Words and Phrases, Seventh Edition, Volume 1, It is mentioned that the word ascertained has two meanings, (1) known , (2) made certain . It is further expressed that where money to be paid, has to be ascertained in a certain way. It is further observed that the words to be ascertained are very strong words, and they look very like a condition precedent (per Crompton J., Braunstein vs. Accidental Insurance, 31 L.J.Q.B. 24. In P. Ramanatha Aiyar s The Law Lexicon, The Encyclopaedic Law Dictionary with Legal Maxims Latin Terms and Words Phrases, 2nd Edition, 1997, same meaning is given. In Corpus Juris Secundum , Vol. VI published by American Law Book Company, It is mentioned that ascertained preterit and past participle of the verb ascertain . It has been defined as meaning determined; made certain; and, under certain conditions, has been held to imply knowledge and gained from evidence rather than from exercise of the senses. It is further observed that it is a condition precedent rather than a submission to the arbitration. The meaning of ascertain /ascertained given in various dictionaries mentioned hereinabove shows that it is an activity undertaken by which a claim is fixed or made definite. In other words, claim is learnt with certainty or it is made definite or determined. The Stroud s Dictionary makes it clear that Where ascertained is used in relation to a claim of money to be paid, it has to be ascertained in a particular way. To be ascertained were held to be very strong words and were treated to be a condition precedent. VIVA HIGHWAYS LTD. AND ORS. - 2017 (5) TMI 1622 - MADHYA PRADESH HIGH COURT