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.
|Published (Last):||9 August 2014|
|PDF File Size:||15.45 Mb|
|ePub File Size:||14.64 Mb|
|Price:||Free* [*Free Regsitration Required]|
Provided that— the proceeding was between the same parties or their representatives-in-interest. Moreover, justice is not the fief of any nation, thereof, piety also cannot be the fief of any class of believers or athiests. The fact that B shaharat A for libel and that A was convicted and sentenced is relevant and under Article 21 as showing the motive for the fact in issue. This being a fact shahadt by B sahhadat the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
If an award or its copy is in fact filed in Court by a party, it is not a valid filing under section 14 2 unless the party has the authority of the arbitrators or umpire.
No exception could be taken to concurrent findings of Courts below on specific issues. Proof of documents by primary evidence: When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.
Evidence, Agreement to sell.
The Qanun-e-Shahadat Order, (10 of )
Admission embodied in Art. Proof of execution of private document. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant as showing that A knew tht the payee was a fictitious person. A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact.
This provisions of Article 9 shall apply to interpreters, and the clerks or servants of advocates. Privilege to waived by volunteering evidence: Proof of execution of document required by law to be attested. What the law requires is not the factor of age, but the intelligence of a particular child witness in the circumstances of the case. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. Nikahnamas of plaintiffs showed vendor as the father of plaintiffs; such document was corroborated by the statement of Pesh Imam who had performed Nikah of plaintiffs and such statement was further reinforced by Nikah Registrar who had registered Nikah of plaintiffs.
The fact that he said something indicated general disposition to commit crimes of that class is irrelevant.
A sues B for Rs. Person holding purported power-of-attorney did not appear in Court to contest suit by the owner plaintiff. In case bthe written admission is admissible. Entries in such register were relevant under Art. B sues A for the price. This being a fact observed by B in the course of his orderr, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
Nothing could be brought out in the cross-examination of recording Magistrate which could cast doubt as to the veracity of the contents of the dying declaration which was made in Urdu and translated into Sindhi and English.
Failure to produce copy of the document in Court. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Add a review and share your thoughts with other readers. Facts bearing qabun question whether act was accidental or intentional. In civil cases the fact that the character of any person is shahadag as to affect the amount of damages which he ought to receive, is relevant.
Article A added by the Electronic Transactions Ordinance, At the same time, objections as to admissibility of documents were to be raised at the earliest and usually at the time such were exhibited and admitted m evidence. Held; There was no warrant for Courts below to have kept such death entry out of consideration. Power-of-attorney was thus, a forged document and person executing sale-deed on basis thereof, had no authority to execute any sale-deed on behalf of the owner plaintiff. Dying declaration is admissible even if orally made.
An exhaustive commentary on the Qanun-e-Shahadat order, 1984 : case law and amendments up-to-date
Provided that such notice shall not be required in shajadat to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it: Evidence of close family members: The opinion of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.
The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant. Opinion on relationship when relevant. PLD SC ref. Defendant had yet to file written statement while application in terms of O. Test applicable to the statement of a witness was that he was not showing malice; was not trying to degenerate the privilege into a licence; was stating something quite connected with and relevant to the issue in question; and was not dealing with a matter not germane to the point in issue; where there were indications that witness was actuated by any of such considerations, his statement would not be protected.
The remarks on a crowd of spectators on these points may be proved. Scrutiny of evidence showed that reliance had mainly been placed by examinee on certificate of innocence issued by Deputy Superintendent and one invigilator of qnaun examination centre to the effect that no unfair means whatsoever had been used by examinee.
Law experts for repealing Article of Qanun-e-Shahadat Order | Business Recorder
Evidence of such witnesses, alone was sufficient to prove the document in question, even if other evidence was shahsdat ignored. Where signatures were being disputed by a party it was that party who should have asked for the comparison of his signatures by the Handwriting Expert. Some features of WorldCat will not be available. Relevancy of certain judgments shahaeat probate, etc.
Another document is produced which is proved or admitted to have been written by A. The fact that other persons, ordet were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. The intention of the Legislature, is that the Court has to regulate its proceedings through a special procedure laid down by the Act itself which makes the procedure easier and gives more room to the parties to settle their disputes amicably and the Courts cannot remain silent spectator, tied down by the technicalities of law and watch the deterioration of administration of justice.
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.
Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.