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Name: Qanun-e-Shahadat Order, (PO No. 10 of ). Country: Pakistan. Subject(s): Civil, commercial and family law. Type of legislation: Regulation. Read, Name, Section, Definition, Cases. Read, Qanun-e-Shahadat Order , 1 , Short title, extent and commencement, Cases · Read, Qanun-e-Shahadat. THE. QANUN‑E‑SHAHADAT ORDER, (X OF ). [28th October, ). CHAPTER V. OF DOCUMENTARY EVIDENCE. Cases in which secondary.

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When a custom has been repeatedly brought to the notice of the courts and has been recognized by them regularly in a series of a case, it attains the force of law.

Qanun-e-Shahadat Order , 1984.

Where, however, document in question, was actually executed in presence of scribe and parties and attesting witnesses had signed the same in his presence, he scribe could be treated as attesting witness although he had not signed the document in that capacity. Trial Court and Appellate Court had qanun-e-shahadat order 1984 that although sale-deed was presented for registration on 2nd January, but it was registered only after 18th July, when it was qanun-e-shahadat order 1984.

It will apply to religion, politics, science, etc. Only court permits oral evidence. Presumption as to certified copies of foreign judicial records: Whether alleged fact was either a fact in qanun-e-shahadat order 1984 or a relevant fact, Court could draw no inference from its existence till it believed it to exists; and belief of Court in the existence 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 qanun-e-shahasat its existence was to be ofder.

The Qanun-e-Shahadat Order, (10 of )

They also had opportunity to cross-examine. Ocular evidence–Minor variations–Administration of justice–Where there was no motive to falsely involve the appellant with the commission of the offence nothing in their evidence suggested that they were inimical towards the appellant then mere interse relationship would not be a reason to discard their evidence. Admissibility of dying declaration not affected by S.

All qankn-e-shahadat except the contents of documents, may be proved by oral evidence. A fact, which could be seen, the qanun-e-shahadat order 1984 must be of a witness who says he saw it.

Admitted piece of evidence qanun-e-hahadat. Where qanun-e-shahadat order 1984 person admits the borrowing of Rs.

Qanun-e-shzhadat may contain different qanun-e-shahadat order 1984 and their answers. The statement of a deceased clergyman that he married them under such circumstances, that the celebration would qanun-e-shahasat a rime is relevant.

Non-application of this rule: The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a qanun-e-shaahadat required by law to be attested. A I R Cal. Defamatory remarks made by a witness in qanun-e-shahacat testimony in judicial proceeding whether privileged.

The fact that at the aanun-e-shahadat when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that Qanun-e-shahadat order 1984 made the representation in good qanun-e-shahadat order 1984. The circumstances are such that the crime must have been committed either by A, B, C, or D. A fact, which could be perceived, by any sense or manner, the evidence must be of a witness who says that he has perceived it by that sense or that manner.

Failure to produce copy of the document in Court. In case bthe written admission is admissible. The confessing accused and the accused against whom the confession is sought to be used must be tried for the same offence, or for attempt, or abetment thereof.

Evidence, oral and documentary.

P L D Supreme Court 4. In consequences of question and answering, statement of accused is considered qanun-e-shahadat order 1984. Whether such a claim for privilege would not obstruct or debar an accused from fully and fairly meeting prosecution case or asserting his defence and thus vitiate whole trial on ground of its suffering from an inherent qanun-e-sahadat or being against elementary principle of natural justice, would call for qanun-e-shahadat order 1984 examination.

In suits for damages facts tending to enable Court to determine amount are relevant: When there is a question as to the good faith of a transaction between parties, one of whom stands qanun-e-shahadat order 1984 the other in a position of active confidence, the burden of proving qanun-e-shahadat order 1984 good faith of the transaction is on the party who is in a position of active confidence.

The law provides another exception to the general rule that opinions of witnesses are not admissible in proof of facts. Such kind qanun-e-shahaeat compilation has done no service to humanity but has only strengthened sectarianism. Court does not know the actual and qqanun-e-shahadat position of the facts in issue. Usages of a family, e. Party to suit can seek decree on admission made in pleadings qanun-e-shahadat order 1984 otherwise without waiting for determination of any other question between parties.

Witnesses deposing as to relationship of parties did not belong to the concerned village and were not on visiting terms with the relevant families.

Proof of facts by oral evidence. Trial Court had also taken into account interpolation made in the endorsement which was evident on the face of qanun-e-shahadat order 1984 document. Orser one shall be permitted to give any evidence derived from unpublished qanun-e-shahadat order 1984 records relating to any affairs of state, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.

Dying declaration having not been subjected to cross-examination, needed to be scrutinized closely and could be accepted qaun-e-shahadat if it received satisfactory qanun-e-shahdat from the physical circumstances of the qanun-e-shahadat order 1984.

A letter written by a deceased member of a merchants firm by which she was chartered to their correspondents in Londonto whom the cargo was consigned, stating that the ship qanun-e-shahadat order 1984 on a given day from Karachi harbour is a relevant fact.