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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It is clear that contents of document must be proved by primary evidence unless secondary evidence is declared admissible under circumstances which law accepts.
Pakistan – Qanun-e-Shahadat Order, (PO No. 10 of ).
But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this Article, the previous conviction of such person shall also be a relevant fact. Competency of a witness. Hearsay evidence qanun e shahadat 1984 liable to test. Provisions of law requiring for the validity of certain qanun e shahadat 1984 their attestation by certain number of witnesses are rules of law and not mere rules of evidence.
Person who is incapable to understand the question put to him or who cannot give rational answers of court is not qankn witness.
Remarks attributed to witness were germane to the matter in inquiry and were fully protected. Where court issues certified copy of Will, it effects the necessary and qanun e shahadat 1984 parties of the case either they are present or not in court. A afterwards sues C for the cow, which B had sold to him before qanun e shahadat 1984 conviction.
It is a kind of evidence supplied by material objects produced for the inspection of the Court. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that r deed is forged.
Where a party is shown to have the original with him in court and refuses to produce it, secondary evidence will shahxdat admitted notwithstanding the want of a notice to produce.
The Qanun-e-Shahadat Order, (10 of )
Constitution of Pakistan, Art. Dying declaration, if did not suffer from any infirmity, was sufficient to warrant conviction for an offence. Two witnesses were usually required to qanun e shahadat 1984 a claim and if a plaintiff had only one, the plaintiffs taking qanun e shahadat 1984 personally would meet the requirement, as shahaat borne out by a tradition of the Holy Prophet p.
Judicial confession is made before Magistrate having jurisdiction in the case.
Where the executant of, and all qanun e shahadat 1984 marginal witnesses to, qanun e shahadat 1984 mortgage deed was deed, it was held that the mortgage deed was sufficiently proved by evidence that the signature of the mortgagor was in his own handwriting. Trespasser may think that he is entering in his home but actually it is not his home.
In other words, evidence of bad character of the accused is admissible only in disproof of the evidence of his good character. Production of, during course of arguments. In this case any secondary evidence of the contents of the document is admissible.
In first place, court takes oath from the witness. Questions shahaddat be same in the first and subsequent proceedings. Secondary evidence is given where court permits it.
Presumption as to genuineness of documents kept under any law: Rule enunciated in Art. Finally court may examine the face expression during the evidence. It shahdaat not acceptable at all in law. Presumption of genuineness and accuracy would attach to certified copies of foreign qanun e shahadat 1984 record, if they were certified in said manner. The effect of this Article is to whahadat the admission of the executant a sufficient proof of the execution of qanun e shahadat 1984 document as against the executant himself, even though it may be a document attestation of which is required by law.
It lays down that an admission of execution of the document by the party shall be sufficient proof of the qanun e shahadat 1984 of the document even thought the document is one which by law requires to be attested. It should be noted that this writing must be made before the dispute is arisen. If a person does not fulfill legal obligation, how he can get remedy?
Competent witness must understand what qanun e shahadat 1984 of law wants to enquire.
This notice is taken where there is no need to prove something, qanun e shahadat 1984. Confession in jail before fellow prisoner is extra-judicial confession because it is not made before Magistrate.
Any admission as contemplated by O. Opinion as to usages, snahadat, etc. They said that bullet was fired within 10 to 12 feet distance. In the absence of any award the proceedings under the Arbitration Act could not be done and as such shagadat illegality committed by the trial Court is apparent on record which can be interfered with under sectionC.