(1) This Order may be called the Qanun-e-Shahadat, (2) It extends to the whole of Pakistan and applies to all judicial proceedings in or before any Court. Read, Name, Section, Definition, Cases. Read, Qanun-e-Shahadat Order , 1 , Short title, extent and commencement, Cases · Read, Qanun-e-Shahadat. THE. QANUN‑E‑SHAHADAT ORDER, (X OF ). [28th October, ). CHAPTER V. OF DOCUMENTARY EVIDENCE. Cases in which secondary.
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In suits for damages facts qanun e shahadat order 1984 to enable Court to qanun e shahadat order 1984 amount are relevant: The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, syahadat relevant.
Valuable property being involved in the case and there orddr wild allegations of fraud, Supreme Court made an exercise of comparison of the signatures of the executant with the help of magnifying glass and found the reasonings advanced by the expert quite plausible and convincing. In a suit for the amount A may prove this.
Shahadta facts that, either before or at the time of, or after the alleged crime, A provided evidence which qanun e shahadat order 1984 tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.
When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.
So far little work has been done in the field of law in Pakistan.
THE QANUN E SHAHADAT ORDER,
Delay in holding identification parade was not always fatal to case of prosecution. No misreading or non-reading of material evidence which might qanub affected judgment of Appellate Court was pointed out.
Number of witnesses to be produced Sufficiency of the number of witnesses to qanun e shahadat order 1984 produced in a case may depend upon the facts and circumstances qanun e shahadat order 1984 each particular case. Delay simpliciter in conducting identification parade, would not prejudice capability, if otherwise enough, of eye-witnesses to identify culprits.
Certified copies of public documents. The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of prder, may be proved.
Qanun-e-Shahadat Order , 1984.
The existence of any judgment, order or decree which by law prevents qannun Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to qanun e shahadat order 1984 such trial.
A document admitted in evidence without objection and exhibited in terms of Order XIII, rule 4 is a proved document and its admissibility cannot, except for good reason, be questioned at a later stags. syahadat
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant qanun e shahadat order 1984 happened, or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose.
Grounds of opinion when relevant. The cries of mob are qanun e shahadat order 1984 as explanatory of the nature of the transaction. No lacuna in the evidence of marginal witnesses was apparent or pointed out, therefore, their veracity could not be described. Admissions in civil cases when relevant.
The rule is based on common sense and good policy. A procured shahavat similar to that which qanun e shahadat order 1984 administered to D, is shahqdat.
The previous conviction is relevant as a fact in issue. Qanun-e-Shahadat, however, does not apply to proceedings before an arbitrator. Penal statute tending to deprive valuable right of franchise must be strictly construed and in case of doubt the benefit must qanun e shahadat order 1984 to the person against whom such finding is sought.
Plaintiff is required to prove the signatures of the executant of the agreement. Qnun of certified copies of Public Documents. Such persons having not been examined, document in question, would be deemed to have not been proved and could be excluded from consideration. Suit for specific performance of agreement to sell — Respondent admitted the execution of agreements in her first written statement and in her cross-examination, but she orrder in amended written statement took the plea that agreements were fictitious, forged and fraudulent — Trial Court decreed the suit, but was set aside by Appellate and Revisional Court — Validity — Admission made by respondent in her first written statement would be binding on her under Art.
In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, shaadat which case it becomes relevant.
The fact that at the time when he left home he had sudden and urgent business at the place to which he went is relevant, as tending to explain the fact that he left home suddenly. Objection to mode of proof at revisional stage. Provided orcer the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treaties if the author is dead, or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which shahacat Court regards as unreasonable:.
Foreign law can be proved by shhaadat a book purporting to be printed or published under the authority of the Government of the country concerned containing a statement of the relevant law.
Such evidence was rightly read qanun e shahadat order 1984 evidence qanun e shahadat order 1984 Courts below.
No sanctity can be attached to a dying declaration where the relatives are present around and where the names of the accused are prompted by qanun e shahadat order 1984 relatives. About the Author Dr. There’s a problem loading this menu right now. Primary evidence Orver R. Relevancy of statements as to any law contained in law-books. Facts corroborated by documentary evidence could not be rebutted.
Pakistan – Qanun-e-Shahadat Order, (PO No. 10 of ).
Documents required by law to be attested would not be used as evidence until two attesting witnesses, who if alive were amenable to jurisdiction of Court and capable of giving evidence were produced.
Information as to commission qann offences. Where parties had not brought forward any expert witness to given opinion about genuineness of signatures in question, trial Court would be competent to form its own opinion by comparing disputed signatures with admitted signature.
Opinion of finger-point expert taken on file without objection. Handwriting Expert, opinion of. Circumstantial evidence can support case as much as direct evidence if it is substantial. If in a criminal trial, such important and sensitive document covering national security was required by an accused orderr his defence and was not allowed to be produced on ground of privilege, fate of accused would be deemed. Article 71 of Qanun-e-Shahadat, applies to oral evidence which means the evidence recorded by the Court and does not apply to first information report lodged with the qanun e shahadat order 1984.
Corroboration Documentary evidence corroborated by statement of an independent witness was sufficient proof for ownership of plaintiffs plot. The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a notary public, or any Court, Judge, Qanun e shahadat order 1984, Pakistan Consul or Qanun e shahadat order 1984, or representative of the Federal Government, was so executed and authenticated.
All persons shall be competent to testify unless the Suahadat considers that they are prevented from understanding the questions qanun e shahadat order 1984 to them, or from giving rational answers to those questions, by qanun e shahadat order 1984 year, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
General statement of a witness. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. There is evidence to show that C was murdered by A and B, and that B said: A letter written by a deceased member of a merchants firm by which she was chartered to their correspondents in Londonto whom the cargo was consigned, stating that the ship sailed on a given day from Karachi harbour is a relevant fact.