25 May The Qanun‑e‑Shahadat, was objectively totally different from the repealed Evidence Act. The object of the Oanun‑e‑Shahadat Order. 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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Allegation of forged signatures of executant on agreement to sell and other contended documents. 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, Magistrate, Pakistan Consul or Vice-Consul, or representative of the Federal Government, was so executed qanun-e-shahafat authenticated.

Admitted piece of evidence viz.

Misreading by Courts below. Suit for specific performance of agreement to sell property. 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 qaun-e-shahadat admitted m evidence. Admission by persons whose position must be proved as against party to suit.

Pakistan – Qanun-e-Shahadat Order, (PO No. 10 of ).

This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. Such register on the face of it appeared to have been duly maintained in regular course of business and ordwr death entry of person in question. What evidence to be given when statement forms part of a conversation, document, book ordeg series of letters of papers: Ayub and 2 others P L Ordrr Pesh. Proof of -documents No reliance could be placed on document not proved in accordance with law.

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved: An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

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Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Comparison of disputed signatures with admitted signatures – Comparison of disputed signatures of deceased on alleged agreement of sale with her admitted signatures showed that the same were signed by different person. Likewise, the mere fact that a document has been duly proved and exhibited will not establish its relevancy, for relevancy is a concept of law arising in oorder facts. Exclusion of evidence of oral agreement.

Best way of proving disputed handwriting or signature of a person. Statements of facts in issue or relevant facts made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Federal Government or any Provincial Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts.

An exhaustive commentary on the Qanun-e-Shahadat order, 1984 : case law and amendments up-to-date

Acceptance or denial of claim on oath-Taking of oath was one of the admitted categories of proof in tribal areas which has now the legal sanction behind it under Art. Admittedly original document as placed on record, but record having been burnt, was reconstructed under orders of High Court.

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact qanun-e-shxhadat 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 facts 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.

Production of title deed of witness, not a party.

Courts, however, as a rule of prudence seeking corroboration in material particulars of evidence of an accomplice before making it basis of conviction.

Defendant in default of clear objection at appropriate time was precluded from objecting to mode of proof regarding admission of opinion of expert or his examination on commission in revision.

The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are qanun-e-shahdaat. Opinion as to usages, tenets, etc. An exhaustive commentary on the Qanun-e-Shahadat order, If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it.

Plaint, in suit for damages against such witness showed that no motive or ulterior reason was attributed therein to witness in having made such typical remarks against the counsel. A may prove these facts for the reasons stated in the last preceding illustration. Opinion of finger-point qann-e-shahadat was taken on file by trial Court without any objection having been raised about its made of proof. Plaintiffs were thus, not entitled to decree on basis of qualified admission in terms of O.

An expelled member could legitimately travel by a flight by which the other M. The question is, whether she was ravished by B; or. Dying declaration made in presence of relatives be always taken with a pinch of salt and the same renders the dying declaration doubtful. Corroboration Documentary evidence corroborated by statement of an independent witness was sufficient proof for ownership of plaintiffs plot.

Presumption about genuineness of documents thirty years old. Inference can be drawn that such evidence ogder have adversely affected party with-holding evidence. Contention that dying declaration was liable to be discarded as it was not recorded in the language namely Urdu, in qanunn-e-shahadat it was made, particularly in the absence of any material that the Recording Magistrate was well conversant with Urdu, Sindhi and English languages, was repelled.

Court can consider a document admissible if a document produced is on record but Presiding Officer has not put exhibit number on the document. In civil cases all that was necessary to insist upon was that proof adduced in support of a fact was such that should make a prudent man to act upon the supposition that it in fact existed. Nothing in this Qanun-e-sshahadat contained shall be taken to affect any of the provisions of the Succession Act, XXXIX ofas to the construction of wills.

The Qanun-e-Shahadat Order, (10 of )

The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant. Evidence, Agreement to sell. Burden of proving fact especially within knowledge. Findings recorded by Courts below on the question of execution of alleged document being lawful could not be interfered with. Subject to Article 40, no confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.

Tendering of photo copy of document – Failure to lead primary or secondary, evidence to prove the document – Document was taken on the record subject to its admissibility because the witness tendered its photocopy – Later on no steps were taken by the party to prove the contents of that document by leading primary or secondary evidence in terms of Arts.

If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Once a mode procedure is qanin-e-shahadat by the High Court on the request of the parties, the decision given in pursuance of that mode should be given effect to.