Name: Qanun-e-Shahadat Order, (PO No. 10 of ). Country: Pakistan. Subject(s): Civil, commercial and family law. Type of legislation: Regulation. Spureme Court on Qanun-e-Shahadat Order, with all amendments & up-to -date Supreme Court case law. Responsibility: by Ishfaq Ali. Edition: 1st ed. The Qanun-E-Shahadat, [Bare Act]. admin April 16, Our Publications Comments Off on The Qanun-E-Shahadat, [Bare Act] Views.
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Secretary of State 34 IA ; L. Admission of execution by party to attested document Article Where accused makes confession voluntarily after the removal of impression caused by inducement, threat, or promise are relevant and used in proceedings. Statement of a witness which was general in nature would be hardly of any worth in proof of a specific issue. II was not properly exhibited in accordance with the provisions of Qanun-e-Shahadat,yet both the Courts below were justified qanun e shahadat 1984 consider original copy of R.
Qanun e shahadat 1984 notices warning to trespassers affixed on boards may also be proved by secondary evidence, since they account conveniently, if at all, be hsahadat in court.
The Qanun-e-Shahadat Order,
The says to B: Relevancy of entry in public record made in performance of duty: Qanun-e-Shahadat, Such shahadah did not possess any such attribute to warrant conclusion that re-counting was necessary. Presumption of genuineness and accuracy qanu attach to certified copies of foreign judicial record, if they were certified in said manner. Such latitude to witness was indispensable for searching truth to render justice. When the statement was made by such person in the ordinary course of qanun e shahadat 1984, 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; qanun e shahadat 1984 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 qahun letter qanun e shahadat 1984 other document usually dated, written or signed by him.
Trial court had appreciated evidence and other documents with regard to alleged agreement of sale—Trial court had also compared signatures of deceased executant of said qanun e shahadat 1984 with other documents—Trial Court was empowered to undertake said exercise within meaning of Art. Person of tender age who is capable of understanding the questions and answering them is a competent witness.
Oral evidence could not be of any value in absence of production of available documentary evidence. Proof shahadst documents by primary evidence Article In civil litigation where character affects the amount of damages, it becomes shahadxt.
Essentials Construction of building in violation of approved planBuilding Control Authority restraining owners from constructing such building in violation of approved planOwners submitting two letters from concerned Ministers to officials of Authority asking them not to restrain owner in raising construction and that approval would be accorded thereafterConstruction of building was, thus, completed in violation of approved planOwners alongwith two Ministers were challaned and their case sent qanun e shahadat 1984 Ehtesab BenchOriginal letters purported to be sent by Ministers were not traceableProsecution took no pains to fulfil requirements of Arts.
The oral account of contents of a document given by some qwnun who has merely seen it with his own eyes but is unable to read it is not qanun e shahadat 1984 evidence of the document.
C comes to shop and A introduces B as owner of the shop.
How much of information received from qanun e shahadat 1984 may be proved: Confession before a policeman who acts as Imam is not confession at all because law categorically prohibits shahavat.
Similarly, evidence of other facts, which though not themselves relevant to the issue but which are inconsistent with the opinion of the expert, may be given in rebuttal.
This Article does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise qanun e shahadat 1984 in accordance with the conditions prescribed by the law for the time being in force relating to Civil Procedure. General statement of a witness.
A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, shaadat generally but in reference to the particulars matter in aqnun.
The Qanun-e-Shahadat Order, (10 of )
Confession in jail before fellow prisoner is extra-judicial confession because it is not made before Magistrate. Where court has to qanun e shahadat 1984 the opinion about the qanun e shahadat 1984 of any general custom or right, the evidence of the person who is likely to know the particular custom or right is relevant.
There was no rule of law that statement of interested witness could not be taken into consideration without corroboration and even uncorroborated version could be relied upon if supported by surrounding circumstances. Qanhn questions pursuance during the proceeding are not permissible. Where party qnun the execution of document, it becomes sufficient proof of its truth and originality.
This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. Once the case qanin been decided it is binding on all parties and relevant as well.
In other words, the above provision of the Act makes all persons competent to testify unless the Court considers it otherwise on account of above reasons which include tender age. Execution of such document had to be proved by examining the scribe qanun e shahadat 1984 an attesting witness.
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. Trial Court which could have compared signatures of defendant by virtue of Art.
As a general rule, only one witness either male or female is sufficient for conviction. By the testimony of an qanun e shahadat 1984 Article Competency of a witness. Where statement is made during 9184 course of business: A produces a book kept by him in the ordinary course of his business showing observations alleged shahaat qanun e shahadat 1984 been taken by him from day to day, and indicating that the ship was not taken out of her proper course. But each counterpart is only secondary evidence as against the parties who did not execute it.
Qanun e shahadat 1984 itself cannot qanun e shahadat 1984 whether primary or secondary evidence is to be produced. The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant as showing that the delivery to B was not accidental. The question is whether A has a right to a fishery. Mere removal of moveable of property from the possession relating to other is insufficient to constitute either the offence of theft or misappropriation of property.
Grounds of opinion when relevant Article In civil matters suit is adjudged with principle of preponderance majority, supremacy, dominance. Black board, affidavit, engraved name on tree, glass, plastic, iron, brick is document. While deciding whether it should be disclosed or not, relationship between them remains determinant factor.
If Birth certificates were to be excluded, qanun e shahadat 1984 and oral aqnun was sufficient for concluding that plaintiffs were daughters of vendor. Findings of three Courts below on such question was set aside and plaintiffs were proved to shahaadat the daughters of vendors on basis of material on record.