Qanun e shahadat order 1984 pdf download






















Who may testify. Judges and Magistrates. Communications during marriage. Evidence as to affairs of State. Official communications. Information as to commission of offences. Professional communications. Article 9 to apply to interpreters, etc. Privilege not waived by volunteering evidence. Confidential communications with legal advisers. Production of title deed of witness, not a party.

Production of documents which another person, having possession, could refuse to produce. Witness not excused from answering on ground that answer will criminate. Competence and number of witnesses. Evidence may be given of facts in issue and relevant facts. Relevancy of facts forming part of some transaction. Facts which are the occasion, cause or effect of facts in issue.

Motive, preparation and previous or subsequent conduct. Facts necessary to explain or introduce relevant facts. Things said or done by conspirator in reference to common design. When facts not otherwise relevant become relevant In suits for damages facts tending to enable Court to determine amount are relevant.

Facts relevant when right or custom is in question. Facts showing existence of state of mind, or of body, or bodily feeling. Facts bearing on question whether act was accidental or intentional. Existence of course of business when relevant. Admission defined Admission by party to proceeding or his agent, etc. Admission by persons whose position must be proved as against party to suit.

Admission by persons expressly referred to by party to suit. Proof of admissions against persons making them, and by or on their behalf. When oral admissions as to contents of documents are relevant. Admissions in civil cases when relevant. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.

Confession to police-officer not to be proved. Confession by accused while in custody of police not to be proved against him. How much of information received from accused may be proved. Confession made after removal of impression caused by inducement, threat or promise, relevant. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Consideration of proved confession affecting person making it and others jointly under trial for same offence.

Accused persons to be liable to cross-examination. Admission not conclusive proof but may estop. Cases in which statement of relevant fact by person who is dead or cannot be found, etc. Relevance of information generated, received or recorded by automated information system. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated.

Entries in books of account when relevent. Relevancy of entry in public record made in performance of duty. Relevancy of statements in maps, charts and plans. Relevancy of statements as to fact of public nature, contained in certain Acts or notifications. Relevancy of statements as to any law contained in law-books. What evidence to be given when statement froms part of a conversation, document, book or series of letters or papers.

Previous judgments relevant to bar a second suit or trial. Relevancy of certain judgments in probate, etc. Relevancy and effect of judgments, orders or decrees, other than those mentioned in Article Judgments, etc.

Fraud or collusion in obtaining judgment, or Incompetency of Court, may be proved. Opinions of experts. Facts bearing upon opinions of experts. Opinion as to hand-writing when relevant. Opinion as to existence of right or custom, when relevant. Opinion as to usages, tenets, etc. Opinion on relationship when relevant. Grounds of opinion when relevant. In civil cases character to prove conduct imputed irrelevant.

In criminal cases previous good character relevant. Previous bad character not relevant, except in reply. Character as affecting damages. Proof of facts by oral evidence. Oral evidence must be direct.

Proof of contents of documents. Primary evidence. Secondary evidence. Proof of documents by primary evidence. Cases in which secondary evidence relating to documents may be given Rules as to notice to produce. Proof of signature and handwriting of person alleged to have signed or written document produced Proof of execution of document required by law to be attested.

Proof where no attesting witness found. Admission of execution by party to attested document. Proof when attesting witness denies the execution. Proof of document not required by law to be attested. Comparison of signature, writing or seal with others admitted or proved Public documents. Private documents. No misreading or non-reading of material evidence which might have affected judgment of Appellate Court was pointed out.

Scribe of document when a competent witness. Article 90 of Qanun-e-Shahadat Order, raises a presumption as to the genuineness of certified copies which, in law, are declared to be admissible in evidence of a particular fact.

Supreme Court declined interference in appeal. High Court compared signatures of vendee on disputed document with his signatures on admitted document to find out if the signatures were in fact of the same person i.

Moreover, justice is not the fief of any nation, thereof, piety also cannot be the fief of any class of believers or athiests. Qanoon e shahadat order 71 of Qanun-e-Shahadat, applies to oral evidence qanoon e shahadat order means the evidence recorded by the Court and does not apply to first information report lodged with the police. The statement of a deceased clergyman that he married them under such circumstances, that the celebration would be a rime is relevant.

Defamatory remarks made by a witness in his testimony in judicial proceeding against counsel in answer to a question in cross-examination. Person whose opinion was sought to be given in evidence, must be proved to have special means of knowledge and then alone his opinion would be evidence. Threatening letter previously sent by A to B may be proved, krder showing the intention of the letters.

This force must be sufficient to induce the Court either. Confidential communications with legal advisors: The cries of mob are relevant as explanatory of the nature of the transaction. Parties had executed document in presence of scribe and signed it. However, whether the contents of these documents were proved as correct factually is another matter and shall have to be decided in totality and upon preponderance of evidence.

Contents of document must be proved by either primary or secondary evidence as per terms of Arts. 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 upon. Qanoon e shahadat order right of the villagers of particular village to use the water of a particular well is a general right within the meaning of this Article.

Agreement to sell-Plaintiff is to succeed on the basis of w own evidence and not on the basis of weakness of the evidence of the defence-Civil matter is to 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 burden of proof loses its significance.

Courts below in qanoon e shahadat order such entry out of consideration had committed an illegality justifying High Court to interfere in its revisional jurisdiction. The question is whether A has a right to a fishery. Landlord in proof of his oredr had produced photocopy of certificate in respect of E.

Evidence is given to show qanoon e shahadat order the ship was taken out qanon her proper qankon. Person holding purported power-of-attorney did not appear in Court to contest suit by the owner plaintiff.



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