1An affirmation or allegation.
- The Petitioners have advanced a number of Prayers based on these general and specific allegations and averments as outlined in Paragraph 5.
- The pursuer has accordingly failed to prove this averment.
- The authority acted unreasonably making the averment that the proposal would place pressure on greenfield sites elsewhere in the national park.
1.1 Law A formal statement by a party in a case of a fact or circumstance that the party offers to prove or substantiate.
- In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court.
- Section 144 of the Excise Act, in fact, says that you can rely on an averment to establish a fact, even if it is the ultimate fact, and that has been done in many cases.
- A major aspect of the application is whether the averments in the statements of case are true, an issue on which hearsay evidence is admissible in the action itself.
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