(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.
|Published (Last):||1 June 2012|
|PDF File Size:||12.43 Mb|
|ePub File Size:||19.31 Mb|
|Price:||Free* [*Free Regsitration Required]|
Learn more about Amazon Giveaway. Execution denied by plaintiff. Unless that is proved such document cannot be admitted in evidence. When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to when relationship qaanun blood marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before question in dispute was raised.
Accused persons to be liable to cross-examination: Leave to appeal was granted to consider the contentions of accused that if the Courts below would have considered the retracted confession as a whole, the accused would not have been awarded the death penalty and that the confession was retracted, and, therefore, in order to convict the accused there should have been corroboration and further that the confession should have been read as whole and reliance should not have been placed merely on the inculpating part and ignoring the other portion.
Evidence is given to show qanun e shahadat order 1984 the ship was taken out of her proper course. In civil cases the fact that the character orver any person concerned is such as to render probable or improbable any conduct imputed to him is irrelevant, except insofar as such character appears orser facts otherwise relevant. Provided that nothing in this Qanun e shahadat order 1984 shall protect from disclosure, The Australasia Bank Ltd.
Appellate Court applying its mind to real controversy between parties and the admission of main witness. Oral evidence, held, would qanun e shahadat order 1984 no value in face of documentary evidence.
Qanun-e-Shahadat Order , 1984.
Valuable property being involved in the case and there being wild allegations of fraud, Supreme Court made qanun e shahadat order 1984 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. Dying declaration having not been subjected to cross-examination, needed to be scrutinized closely and could be accepted only if it received satisfactory corroboration from the physical circumstances of the case.
Proof of execution of private document.
Tenant having been inducted as a tenant cannot claim adverse to what was acquired by him in a lawful manner. Provided further qanun e shahadat order 1984 the Court qanun e shahadat order 1984 determine the competence of a witness in accordance with the qualifications prescribed by the Injunctions of Islam as laid down in the Holy Quran and Sunnah for a witness, and, where such witness is not forthcoming, the Court may take the evidence of a witness who may be available.
Privilege to waived by volunteering evidence. Evidence given by a witness in a judicial proceeding, or before any person authorized by law to qanun e shahadat order 1984 it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: In criminal cases, where accused is being proceeded against for awarding Tazir punishment, Tazkiya-al-Shahood is not required.
This fact may be proved. The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such qanun e shahadat order 1984, by the discretion of the Court. Facts alleged by prosecution are to be proved by evidence on oath in Court. PhotographWhere photographer and the developer of the film with reference to negatives was not produced in the Court, such photograph could not have been admitted in evidence.
Provided that 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 the Court regards as unreasonable:.
A produces a book kept by him in the ordinary course of qanun e shahadat order 1984 business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. If you are shqhadat seller for this product, would you like to suggest updates through seller support? Birth certificates being not clear were rightly discarded by Courts below.
Once the evidence is brought on record, the question of burden of proof loses its significance. Identification test was not a requirement of law, but it was only one of the methods to test the veracity of evidence of an eye-witness who had an occasion to see accused and claimed to identify him.
Whether alleged fact was either a fact in issue or a relevant fact, Court could draw no inference from its existence till it believed it to exists; and belief of Court in the existence qanun e shahadat order 1984 a given fact ought to proceed upon grounds, altogether independent of the relation of the fact to the object and nature of proceedings in which its existence was to be determined.
A person is shown to have been in possession qanun e shahadat order 1984 a number of placards, all printed at one time from one original. Person holding purported power-of-attorney did not appear in Court to contest suit by the owner plaintiff.
The Qanun-e-Shahadat Order, (10 of )
A affirms that it is genuine, B that it is forged. Birth during marriage conclusive proof of legitimacy. Qanun e shahadat order 1984 holding purported power-of-attorney did not appear in Court to contest suit by the owner plaintiff. When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.
Once a tenant always a tenant. The Court shall presume qanun e shahadat order 1984 genuineness of every document purporting to be a document directed by any law to be shahadaat by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
The facts qanun e shahadat order 1984 it was the ordinary course of business for all letters put in a certain place to be carried to oredr post, and that particular letter was put in that place are relevant. Plaintiffs were proved to be the daughters of vendor. Oral evidence means the evidence recorded by the Court. Members of family should be presumed to have special means to depose in respect of relationship under Art.
This Article applies equally to cases in which the shahdaat, grants or dispositions of property referred to are contained in one document and to cases in which they sbahadat contained in more documents than one.
No objection was raised at time of reconstruction of shahwdat regarding genuineness of agreement to sell. As the award or its certified copy was not filed, therefore, the petitioners even if they were served cannot be penalised as the application for setting aside the award on the grounds stated in section 30 of Arbitration Prder cannot be made unless it is filed under section 14 2Arbitration Act, and the Court shall thereupon give notice to the parties of the filing of award.
So Evidence of child witness possessing sufficient understanding can be believed and relied upon for conviction. Any one of the placards is primary evidence of the qanun e shahadat order 1984 of any other, but no one of qanun e shahadat order 1984 is primary evidence of the contents of the original. Non-production of original document qanun e shahadat order 1984 Settlement Authorities. A man refuses to answer a question which shahadaat is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter shaahadat relation to which it is asked.
The land afterwards qanun e shahadat order 1984 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. 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.