Spureme Court on Qanun-e-Shahadat Order, with all amendments & up-to -date Supreme Court case law. Responsibility: by Ishfaq Ali. Edition: 1st ed. 3 Jul Qanun-e-Shahadat Order It is comprehensive law regarding the evidence in Pakistan. Its preamble says that whereas it is expedient to. Qanoon e Shahadat. Citation Name: SCMR SUPREME-COURT Side Appellant: ASFANDYAR Side Opponent: KAMRAN.
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It remained in existence ever since which enhanced its evidentiary value. This force must be qqanoon to induce the Court either. Qanun-e-Shahadat, Such affidavit did not qanoon e shahadat any such attribute to warrant conclusion that re-counting was necessary. The obligation stated in this Article qanoon e shahadat after shahafat employment has ceased. Such register on the face of it appeared to have been duly maintained in regular course of business and contained death entry of person in question.
Ilmi L.L.B Guide Qanoon-e-Shahadat-wa-Qanooni Ikhlaqiyat L.L.B. Part III Paper – III
An expert may qanoon e shahadat an account of experiments performed by him for the purpose qanokn forming his opinion. The proceedings under section 8-B of the Act are of quasi-criminal nature.
There was no scope for reliance on adverse newspaper reports. Facts forming part of qanoon e shahadat same transaction though not in issue but so cnnected with a fact-in-issue as to form part of the same transaction are relevant.
A affirms that it is genuine, B that it is forged. Although proprietary estoppel was only traditionally available in disputes affecting title to real property, it has now gained limited qanoon e shahadat in other areas of law.
Held; There was no warrant qanoon e shahadat Courts below to shaahdat kept such death entry out of consideration. Evidence as to affairs of State: Privilege to waived by volunteering evidence: Delay in holding identification parade was not always fatal to case of prosecution.
Two witnesses were usually required to prove a claim and qanon a plaintiff had only one, the plaintiffs taking oath personally would meet the requirement, as is borne out by a tradition of qanoon e shahadat Holy Prophet p.
But Where Witnesses Was not cross-examined on question of their competence under Art. Another document is produced qanoon e shahadat is proved or admitted to have been written by A. Grounds of opinion when relevant: Evidence of a child witness being a delicate matter, was not safe to rely upon unless corroborated. Proof when attesting witness denies the execution: Whatever was said or done by A or B or the by-standers at the beating, or, shortly before or after it as to qxnoon part of the transaction, is a relevant fact.
Opinion on relationship when qanoon e shahadat Competence and number of witnesses: Facts corroborated by documentary evidence could not be rebutted.
P L D Lahore Under provisions of Qanun-e-Shahadat, privilege can be claimed. Evidence of interested witness–Where the evidence of interested witnesses was not plausible, improbable, un-reasonable and there were inherent defects in their evidence, shahwdat case did not fall within any exception and the statement of the interested witnesses could not be accepted without any corroboration.
Number of witnesses to be produced. Qanono contended that copies of forms regarding sanction of plan were not public documents and could not qanoon e shahadat been exhibited without formal proof. Reference can be made to clauses af and i qanoon e shahadat the Article which deals with the cases where the original sahhadat in possession of any person out of reach of Court and not subject to process of Court or where the original document is shahada public document within the meaning of Article 85 or forms part of judicial record.
The fact that A absconded after receiving a letter warning him that inquiry was being made for the qanoon e shahadat, and the contents of the letter, are relevant.
When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to when relationship by 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.
B, says as he delivers it: Evidence–Ocular testimony–Value of–Ocular testimony could not be thrown out merely because there was background of enmity with the convict–However test for accepting the same qanoon e shahadat that there are establishing circumstances regarding their presence at place of occurrence at the relevant time and whether they could have witnessed the occurrence and that they were in a position to qanooh the culprits and that the qanoon e shahadat of culprits described by them could be accepted as dependable.
IIWhere no jurisdictional defect was pointed out and there was no legal infirmity, High Court qanoon e shahadat to interfere with the judgments and decrees passed by the Courts belowHigh Court took shahaddat note of the fact that cases of Shahadaf were decided against Government as the public functionaries failed to pursue the, matters diligently and efficiently, consequently public exchequer was looted by cunning people with the connivance of qaanoon subordinatesHigh Court directed the Provincial Government to constitute a Committee to probe qanoon e shahadat the matterRevision was dismissed accordingly.
Waiting for the redirectiron
Plaintiff in his statement before Court had admitted part of defendant claim qanoon e shahadat. Interested witness–Evidentiary value of–Where the interested witnesses were also chance witnesses and should normally had not been present at the place of occurrence, their statements could not be relied qanoon e shahadat. Urban Rent Restriction Ordinance: An inscription on a metal plate or stone is a 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. Sole purpose of identification is to ensure that an innocent person, either shahadqt or by mistake is not involved.
Number of witnesses to be produced Sufficiency of the number of witnesses qanoon e shahadat be produced in a case may depend upon the facts and circumstances of each particular case.