Name: Qanun-e-Shahadat Order, (PO No. 10 of ). Country: Pakistan. Subject(s): Civil, commercial and family law. Type of legislation: Regulation. Art.2(1)(c) – Whether of evidence in civil & criminal cases-in criminal cases evidence must of such mature that factum of incident should be proved and any. An exhaustive commentary on the Qanun-e-Shahadat order, case law and amendments up-to-date. Responsibility: M. Mahmood. Edition: 3rd ed.
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Nothing was brought out in cross-examination to shake evidence of those witnesses who were independent witnesses. B cannot be compelled to answer questions as to this, except upon the special order of a superior Court.
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.
What evidence to be given when statement forms part of a conversation, document, book or series of letters of papers: P L D Kar. It is an admitted position that all, Articles of the Order are substantially and subjectively mere reproduction of all sections of the repealed Act with exceptions of Article 3, Articles 4 to 6 with reference to Hudoodaddition of Article 44 and addition of a proviso to Article 42 if ,compared with corresponding sections of the repealed Act.
Evidence withheld by a party. No jurisdiction defect in impugned judgments and decrees of Courts below or any misreading or non-reading of evidence has been pointed out to justify interference in concurrent findings of fact recorded by Courts below.
Opinion as to usages, tenets, etc. In cases acd and eany secondary evidence of the contents of the document is admissible. Admission embodied in Art. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. Presumption as to genuineness of documents kept under any law.
The Police are coming to look for the man who robbed B, and that immediately afterwards A ran away, are relevant. Comparison of signatures on questioned document with signatures on admitted documents by Court.
Oral evidence could not be of any value in absence of production zhahadat available documentary evidence. When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.
To attempt to isolate a particular fact from the dhahadat circumstances and to discuss its logical inference was wholly out of place in judicial decisions. Document of compromise was not stamped and element of consideration was sgahadat missing in the same. Admissions in pleadings were conclusive but not the others. Primary evidence Although R.
An exhaustive commentary on the Qanun-e-Shahadat order, 1984 : case law and amendments up-to-date
Remarks of witness, during judicial proceeding did not appear to have been wanton, reckless or beyond the plea of inquiry. He makes an entry showing that on a particular occasion he received less than he really did receive. Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. Original and exhibited letters from the defendants were thus proved documents. Even where a document is admitted in evidence by consent, in any shabadat mode, that circumstance constitutes only a waiver as to the admissibility thereof though admission in evidence, without reservations may also imply acceptance of correctness of contents.
The Court must not base its conclusion on mere f and surmises.
The Qanun-e-Shahadat Order, (10 of )
Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable under consideration are relevant facts. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or thing, evidence may be given of facts which show which of those persons or things it was intended to apply to.
Facts bearing on question whether act was accidental or intentional. Proof of facts by oral evidence: No mandatory pre-requisites of law exist that a dying declaration cannot be made before a police officer or that it should always be in writing. Qanun-e-Shahadat, however, does not apply to proceedings before an arbitrator. Court rules — Pakistan.
Standard of proof in civil cases. Competency of a witness: No misreading or non-reading of material evidence which might have affected judgment of Appellate Court was pointed out. Defendant claiming truth of allegations. If Birth certificates were to be excluded, documentary and oral evidence was sufficient for concluding that plaintiffs were daughters of vendor. The fact that, at the time when the bond was alleged to be made, B required only for a particular purpose, is relevant.
The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements or which are relevant facts and which is produced for its inspection, was written and published by the person, and at the time and dhahadat, by whom or at which it purports to have been written or published. In default of clear objection taken at the appropriate time, defendant was precluded from objecting to the mode of proof regarding admission of the opinion of expert or his examination on commission.
In civil cases all that was necessary to insist 11984 was that proof adduced in support of a fact was such that should make a prudent man shahaadt act upon the supposition that it in fact existed. Mere deposition of qanhn close relative uncle of a party in favour of its rival would not by itself be a ground to attach absolute evidentiary value to his testimony particularly when such witness had admitted to be on inimical terms with shahasat defendant relative.
Fact judicially noticeable need not be proved.
Qanun-e-Shahadat Order , | Jamil and Jamil
One marginal witness with scribe. Admission by party to proceeding or his agent, etc. What evidence to be given when statement forms part of a conversation, document, book or series of letters of papers. Entries in death register maintained in regular course of business would be conclusive.
An exhaustive commentary on the Qanun-e-Shahadat order, Presumption as to maps or plans made by authority of Government.