Name: Qanun-e-Shahadat Order, (PO No. 10 of ). Country: Pakistan. Subject(s): Civil, commercial and family law. Type of legislation: Regulation. An exhaustive commentary on the Qanun-e-Shahadat order, case law and Imprint: Lahore: Pakistan Law Times Publications: Stockist al-Qanoon. 14 Feb One fact is said_____ to another when the one is connected with the other in any of the ways referred to in the provisions of Qanun-e-Shahadat.
|Published (Last):||5 December 2014|
|PDF File Size:||16.39 Mb|
|ePub File Size:||20.20 Mb|
|Price:||Free* [*Free Regsitration Required]|
Proof of electronic signature and electronic document: Murder cases cannot be decided on basis of Qasamat as it is not recognized as a mode of evidence under Qanun-e-Shahadat Order.
However, formatting rules can vary widely between applications and fields of interest or study. Contents of document must be proved by either primary or secondary evidence as per terms of Arts.
Competence and numbers of witnesses. Discretion of a witness to reply any question. Explanation to Article 87 contemplates that any officer, who by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have custody of such documents within the meaning of said Article. Presumption as to certified copies of foreign judicial records: One marginal witness with scribe.
Likewise, admissibility of shahdaat document in evidence was not synonymous with its evidential value or vice versa. 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 qajun of 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.
Plaintiffs were thus, not entitled to decree on basis of qualified admission in terms of O.
Pakistan – Qanun-e-Shahadat Order, (PO No. 10 of ).
Expert opinion on a foreign law is also a relevant fact and therefore, an expert can also be examined. Provisions of Qanun-e-Shahadat apply to proceedings before any Court, Court martial, a Tribunal or other authority exercising judicial or quasi-judicial powers.
Oral evidence, held, would have no value in face of documentary evidence.
To understand and give rational answer. Acquitted by the Court. The fact that B prosecuted 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. He mended his ways.
This Article does not enable him to produce the bond or prove sgahadat contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the law for the time being in force relating to Civil Procedure.
This Articles does not apply to cases in which the bad character of any person is itself a fact in issue. Proof of qahun fact would depend upon the character of witnesses and their competency to speak to that fact. Relevancy of certain evidence for proving, in subsequent proceedings, the truth of facts therein stated: Placing any fetters on witness may detain him from deposing truth or at least all that he knows about the point in issue and the same might misdirect the course of justice.
An exhaustive commentary on the Qanun-e-Shahadat order, 1984 : case law and amendments up-to-date
Mirza Muhammad Sharif and 2 others v. A denies that rent was due from C to B.
Agreement to sell-Plaintiff is to succeed on the basis of his own evidence and not on the basis of weakness of the evidence of the defence-Civil matter is pakisan be decided on the basis of proponderance of evidence and the Court is to consider the entire evidence on record, whether it is of the plaintiff or of both plaintiff and defendant, in order to arrive at correct conclusion-Once the evidence is brought on record, the question of pakistxn of proof loses its significance. Ordinarily a scribe who had merely scribed a document and handed it over to parties for their signatures and the signatures of attesting witnesses would not become competent attesting witness, if such document was executed elsewhere in his absence.
When the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person lakistan, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made and when such statement was made before the shahaeat in dispute was raised.
Report of Magistrate would be enough to justify attraction of Art. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it or mentioned the fact that he had it, to third person, are relevant.
Cases in which secondary evidence relating to document may be given: Civil matter is to be decided on the basis of preponderance of evidence and the Court is to consider the entire evidence on record, whether it is of the zhahadat or of both plaintiff and defendant, in order to arrive at correct conclusion.
Facts not otherwise relevant become relevant. The opinion of qanjn as to the symptoms produced by the poison by which A is supposed to have died, are relevant.