Name: Qanun-e-Shahadat Order, (PO No. 10 of ). Country: Pakistan. Subject(s): Civil, commercial and family law. Type of legislation: Regulation. Art.2(1)(c) – Whether of evidence in civil & criminal cases-in criminal cases evidence must of such mature that factum of incident should be proved and any. Before the present Qanun-e-Shahadat Order there was the Law of Evidence, .. Article of Qanun-e-Shahadat Order, , provides that court may.
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The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public are relevant. The fact that A was always treated as such by members of the family, is relevant.
Cases in which secondary evidence relating to document may be qankon In civil cases character to prove conduct imputed irrelevant: Handwriting Expert Execution of document could be proved by scribe of the document as also by marginal witness–Production of Handwriting Expert was not a legal requirement.
Holding of identification qnaoon was not a requirement of law but was only one of the methods to test veracity of shahadqt of xhahadat eye-witness who had an occasion to see accused and claimed to identify the culprit. Article 89 5 ibid provides that public document of any other class in a foreign country can be proved by original or by a copy certified by qanion legal keeper, thereof, with the certificate under the seal of Notary Public or a Pakistani Consul or diplomatic agent that the copies are duly certified by the officers having legal custody of the original.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the compliant was made are relevant.
Ordinary rule for the purpose would be to call that person in evidence—Where the person who was alleged to have shahhadat document had denied his signatures, his signatures could be proved by calling the person in whose presence such document was executed—Signatures of executant could be proved by calling two attesting witnesses in whose presence, person concerned had signed the document—Where both the attesting witnesses of document in question were alive and were available but were not produced, in such case, Court could not hold on the basis of evidence on record that the execution of document in question was proved.
Translation of “Qanoon-e-Shahadat” in English
Muslim Family Laws Ordinance: PLD Karachi Great caution is to be taken before placing reliance on a dying declaration because it is a weak piece of evidence as its maker is not subjected to cross-examination.
Dying declaration can be oral and communicated by means of gestures when the victim cannot speak due to his critical condition. Deed of surrender, therefore, had no value and on basis thereof, P. Any admission as contemplated by O.
Law experts for repealing Article of Qanun-e-Shahadat Order | Business Recorder
Admission not conclusive proof but may estop: Signatures on blank documents: It remained in existence ever since which enhanced its evidentiary value. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.
Facts bearing on shahzdat whether act was accidental or intentional: No notice as required under Arts. Confidential communications with legal advisors: The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this Article.
Competence and number of witnesses: Such latitude to witness was indispensable for searching truth to render justice. Contents of document must be proved by either primary or secondary evidence as per terms of Arts. Witnesses produced in evidence. P L D Supreme Court 4.
Pakistan – Qanun-e-Shahadat Order, (PO No. 10 of ).
But Where Witnesses Was not cross-examined on question of their competence under Art. Nothing in this Article shall be taken to exempt hsahadat advocate from giving evidence of any matter of which he may be compelled to give evidence under Article 9.
Defamatory remarks made by a witness in his testimony in judicial proceeding whether privileged.
Evidence of a witness is for Justice to Allah S: A fact relevant as showing the existence zhahadat a relevant state of mind must show that the state of mind exists, not generally but in reference to the particulars matter in question. It is proved that A said: Admissibility of dying declaration not affected by S.