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Qanoon-E-Shahadat Order (X Of 1984)

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 reasonable doubt while in civil matters preponderance of probability will be sufficient.
PLD 1995 CLC 1714

Art.57

-    Person not party to earlier lis-findings given therein not binding on such person.
PLD 1995 LAH 541

Art.59

-    At wild allegation of forgery and fraud –Supreme Court made comparison of signatures of the executant.

-    Opinion of handwriting expert supported by reasons deserver preference when in accord with direct evidence.
PLD 1995 SC 381
1995 CLC 1061

Art.64

-    Best evidence regarding family affairs would be of close relatives.
1995 CLC 1061

Art.79

-    Admitted documents, execution of – proof – such document would exclude from fulfillment of requirements of Art. 79.
2012 CLC 84 Lah.
Reliance PLD 2011 S.C. 241

Art. 79

-    Sale agreement – Examination of scribe does not fulfill mandatory   requirement of attestation by him separately – Marginal witness must be produced for such purpose.

-    Proof of execution of admitted document – Such document would exclude from fulfillment of requirement of Art. 79.
Muhammad Sarwar Khan    Vs.        Salamat Ali
2012 CLC 94 Lah.
Rel: PLD 2011 S.C. 241.

-    Art. 2(1)(c)(ii)---Document produced in evidence by a party---Effect---Such party would have to suffer consequences arising out of such document---Illustration.

-    Arts. 117, 118 & 119---Burden of proof---Scope---Party liable to discharge burden of proof would not stand absolved from such liability by ambiguous statement of his witness---Illustration.
Zahir Hussain and 4 others    Versus      Bashir Muhammad and 5 others.
2012 C L C 377

Art.118

-    Mode of proof of fraud wuth regard to document –initial burden of party relying on document.
1995 CLC 1061

Art. 118

-    Where plea of fraud and misrepresentation in execution of a document pleaded by plaintiff, the amount he had made statement on oath – onus would shift to defendant.
1995 SCL 1906 (Lah.).

Art. 163

-    Art. 163 does not lay down the consequence if defendant does or does not deny plaintiff’s claim on oath. Order of remand passed by H.C. for decision on merits proper not interfered.
1995 SCR 918

-    Civil court’s judgment not admissible in criminal proceedings to establish the truth of facts on which it was rendered.
1995 SCMR 1621
ALSO SEE 1972 SCMR 584

-    Judgment relied on contention that criminal proceedings to be stayed till disposal of civil suit.
PLD 1968 SC 281
PLD 1969 SC 136
1983 P.Cr.L.J. 1341
1972 P.Cr.L.J. 68
1969 P.Cr.L.J. 411
AIR 1935 Cal. 182
SEC. 137, 138 of Evident Act
.

-    Witness not cross examined – his statement deemed to have been admitted by the other party.
PLD 1995 SC (A) & (K) 41.

 

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