QANUN-E-SHAHADAT ORDER, CONTENTS (X OF ) . Relevancy and effect of Judgments, orders or decrees, other than those mentioned in Article. raudone.info File Size, KB. File Type, pdf. Published, Jan 1, Name: Qanun-e-Shahadat Order, (PO No. 10 of ). ISN: PAKR- Punjab Police Department, Pakistan PDF of Order PDF of Order.
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(1) This Order be called the Qanun-e-Shahadat,. (2) It extends to the whole of Pakistan and applies to all judicial proceedings in or before any. Court. The repealed Evidence Act, was applicable to “affidavits” but in the Qanun- e-Shahadat Order, , affidavits are not immune from its application. Only the. Qanun-e-shahadat Order In Urdu Pdf 24 >>> raudone.info cf48dbc The aim of Qanoon-e-shahadat is to revise, amend and.
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We are the leading muslim family lawyers pakistan. Pdf verdiction tauheed shahada islam tohid urdu. The qanooneshahadat order provides that order prove the existence nonexistence facts issue certain other facts may given evidence.
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Law disposal property qanune superdari. Nafeer malikprincipal quaideazam law college lahoredelivered lecture qanooneshahadat duration Title and extent operation the code. H indi and urdu variants sam languag charact eriz extr e. Constitutional history pakistan. To all judicial proceedings before any court including court martial tribunal other authority exercising judicial quasijudicial powers jurisdiction but does not apply proceedings before arbitrator.
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Qanuneshahadat and pleading 9. Venomoux education. Most the legal database being provided online for the professional use. Urdu mcqs notes pakistan penal code the pakistan penal code act no. Short title extent and commencement qanun shahadat download word. Wigmore Here he nonetheless knows the correctness of the record although he has no present recollection of the specific state of mind. Taylor 6 Probative force of evidence under Article A statement by the witness that he is sure that the facts were correctly recorded in the document is not conclusive.
Scope of Article If the witness though has no recollection is sure that the facts were correctly represented in the document at the time he wrote it or read the same; the document may be given in evidence on the witness swearing to that fact. Right of cross-examination of Adversary: Article gives the opposite party a right of inspection of document used in the court for the purpose of refreshing memory of the witness. And for this purpose court requires 5 Statement Am. Bar Assn. The adverse party has right to see it and to cross examine the party using the document to refresh memory.
Expert opinion General rule is that the opinions of a witness, who have not seen, heard or perceive the alleged incident by him is not relevant. However Article 59 to 65 is exceptions to this rule. It is provided that the opinion of witnesses possessing peculiar skill is admissible, whenever the subject matter of inquiry is such that inexperienced persons are unlikely to prove.
Strickland Powell define the term Expert witness in following words; An expert witness is one who has devoted time and study to a special branch of learning and thus is specially skilled on the point on which he is asked to state his opinion Qualifications of an expert: Lord Russal determined; that the expert is one who is Peritus, skilled and has adequate knowledge 7 Opinion of an expert under Article Under Article 59 the opinion of an expert is permissible any of the following matters are in issue; 7 AIR PC 9 Foreign Law: Although court can take judicial notice of foreign law; what the whole law of foreign country is at a particular time can t be proved except by calling an expert.
The term science is constructed by the court as a great proficiency, dexterity and skill based on long experience and practice 9 Identity of hand writing: For the purpose of proving the hand writing the opinion of experts or of the persons having acquaintance with it is admissible.
However the evidence of handwriting expert is neither only nor the best method of proving hand writing. Finger impression: The opinion of an expert formed by a comparison of thumb impression on the document with those taken in the court or before the sub-registrar is admissible in evidence. Necessity of expert witness on expert witness: 8 AIR Cal 48 9 AIR Pat AIR Cal 10 Evidence of experts on the expert opinion is necessary when occurrence is not witnessed by eye witnesses and case entirely depends upon the circumstantial evidence.
Value of expert witness: The evidence of expert witness is only a piece of evidence whish has to be examined and appraised like any other evidence.
Court should satisfy itself as to the value of evidence of an expert in the same way as it must satisfy itself of the value of other evidence. Expert evidence may be corroborated.
Conviction can t be based upon expert witness. The value of expert witness rests upon the skills of expert and the cogency of reasons on which it is based; however the court should pay attention to the expert opinion where it is purely of scientific nature. Scope of Article The evidence of experts can only be admitted where Qanoon-e-Shahadat Order allows and not otherwise.
Leading Question A question that suggest the witness its answer; that the person putting the question desires to get in it is said to be the leading question. Leading question can t ordinarily be asked during examination in chief or re- examination because the witness is presumed to be biased in favor of the party examining him and might thus be prompted.
But leading question is almost always allowed during cross-examination PCrLJ 11 Relevant provisions: Article through of Chapter X of the Qanoon-e-Shahadat Order, Cross Reference: Article , , and of the Qanoon-e-Shahadat Order, Meaning of leading question: A leading question is suggestive question, i. Leading Questions are not in generally allowed to be put in examination in chef and reexamination: Leading question cannot be asked in examination-in-chief or re-examination only if objected by other party such question therefore can be asked if they are not objected by other party.
Reason of rule: The reason of rule is that the witness is presumed to be favorable to the party calling him who knowing exactly what the former can be proved might prompt him to give only the advantageous questions. Dowding 18 RR 12 Discretion of the court: Even where a leading question is objected; it is discretion of the court to allow it or disallow it and discretion will not be interfered with by a court of appeal or revision except in extreme case.
Exceptions to the principle of unacceptability of leading question during examination-inchief: There are some well-known exception to the rule that leading question can t be asked in examination-in-chief and re-examination. Introductory question: Leading question is allowed when a witness is asked about matter preliminary to the main topic of controversy.
Undisputed matters: Matters essential to be brought before the court; but are not themselves in controversy such a witness s name, age, residence, relationship to the parties and the like. There is no danger of improper suggestions therefore; the rule disallowing question is relaxed in favor of questions as to such matter.
Witness to contradict another witness: Where one witness is called to contradict another as to expression used by the latter the former may be asked not merely what was said, but whether the particular expression were used, since otherwise a contradiction might never be arrived at.
Witness s want of understanding: Where the witness is a child or an illiterate or an alien and doesn t appreciate the tenor of the desired details and is therefore, unable to say anything about it, a question calling attention specifying to the details may be allowed when other means have failed.
Objection has not been raised: Where the adverse party doesn t raise objection as against the leading question put on witness; it is allowed.
Leading question can be asked during cross-examination: Leading question may be asked in cross-examination. The purpose of crossexamination being the test of accuracy, credibility and general value of the evidence given and sift the fact already stated by the witness; it sometimes become necessary for a party to put leading question in order to elicit facts in support of his case, even though the fact so elicited may be entirely unconnected with facts testified to the examinationin-chief.
Exception to the rule that leading question may be asked in cross-examination: There are certain exceptions to the rule that leading question may be asked in cross examination.
These are as follow; The counsel is not allowed to go to the length of putting the very words into the mouth of the witness which he is to echo back. However it can be waived if falls within exception enunciated by law. Relevant provisions: Article 4 through 15 of Qanoon-e-Shahadat Order, Definition of Privileged Communication : Under Black s Law dictionary this term is defined in following words, A communication that is protected from forced disclosure Types of privileged communication: Basically there are two types of privileged communication recognized under Qanoon-e- Shahadat Order, On one hand there are certain communications which can t be disclosed even if the person having knowledge is willing to disclose them; the bar on this type of communication is absolute while on other hand there are certain communications which can be disclosed at the instance of person subject to law.
Communications declared privileged under Qanoon-e-Shahadat Order, Article 4 through 14 of the Qanoon-e-Shahadat Order, laid down the communication declared to be privileged under this order; these are as follow; 1.
Conduct of Judge or Magistrate under Article 4; 2. Communication during marriage under Article 5; 3. Evidence as to affairs of state under Article 6; 4.
Official communication under Article 7; 5. Communication as to commission of offences under Article 8; 6. Professional communication; 7. Privilege from production of title deed of witness, not a party; 16 8. Production of document which another person having possession, could refuse to produce. Communication during marriage: Article 5 of Qanoon-e-Shahadat Order, protect from disclosure of communication between husband and wife. The protective provision is based on the wholesome principle of perceiving domestic and conjugal confidence between spouses.
Ingredients of Article 5: A person who is or has been married here the word Married denotes the couple bind in legal wed lock and illegal or void marriage is not subject to this Article.
Compelled to disclose this expression implies that the party concerned is made or allowed to say or do something by a way of disclosing a communication made during marriage. During marriage means a communication made to the woman before marriage is not protected but the privilege continues even after the marriage has been dissolved either by death or divorce.
Permitted to disclose any such communication : The term permitted indicates that even if the witness is willing to disclose in a criminal trial a confession made to the witness by the husband or wife of the accused the statement will be inadmissible. Basis of Article 5: The rule enunciated under this Article rest on the obvious ground that the admission of such testimony would have a powerful tendency to disturb the peace of family, promote domestic broils and to weaken if not destroy feelings of mutual confidence which is the most endearing solace of married life.
Privilege of witness; and 2. Privilege of witness s spouse. Privilege of witness covers all cases where the witness does not wish to disclose the communication. Whereas privilege of witness s spouse is also guaranteed as the communication made during the subsistence of marriage is protected even is the witness is willing to disclose the matter. Waiver of privilege: There are certain situations where the privilege under Article 5 has been waived out; either by lawmaker or by court of law; these cases are as follow; 1.
Consent of spouse; 2.
Suit between married parties; 3. Criminal proceedings against the spouse; 4. Matrimonial communication may properly be proved by the evidence of stranger. Nature of Article 5: The prohibition enacted by the Article rest on no technicalities that can be waived but is founded on a principle of high import which no court is entitled to relax. Professional communication: Under Article 9 through 12 neither the adviser nor his interpreter, clerk or servant is permitted to disclose any communication made to him in the course and for the purpose of professional employment of such legal adviser.
Basis of rule laid down under Article 9 to The rule is founded on the impossibility of conducting legal business without professional assistance and on the necessity in order to render the assistance effectual, for securing full and unreserved intercourse between the two.
Professional communication under Article 9: Under Article 9 communication between the counsel and his client are privileged whether at the time they were made; there was not any pending or prospective litigation and whether the client is or is not a party to the proceedings. Essential ingredients of Article 9: No Advocate The word advocate has been used for every type of legal practitioner; whether he be a barrister or lawyer of a lower court.
At any time be permitted 19 Phipson evidence 12 th edn 19 A communication is privileged where the case has been refused by the advocate and even after the relationship cease to exist.
By or on behalf of client Such communication is privileged if made by the person other than a client only if he made so in the course or for the employment of such advocate.
Right when can be waived: 1. With the consent of client; 2. Communication made in furtherance of illegal purpose; 3. Where some kind of fraud has been committed; 4. Where court order to produce document in possession of lawyer; 5. Where lawyer attests document as a witness; 6.
Qanun-e-Shahadat Order 1984 Free PDF Download
Where legal adviser s knowledge of fact is not derived through communication; 7. Where same legal adviser is engaged by both of the parties; 8. Suit by the legal adviser against client. The privilege extends to interpreter, clerk and servants of lawyer: The protection though confined to communications between a client and his legal adviser is extended by Article 10 to all necessary organs by which such communications are effected; therefore an interpreter, clerk or servant of a lawyer can t disclose which his master cannot.
Confidential communication with legal advisers under Article Under Article 12 the client cannot be compelled disclose anything he communicated to his lawyer; unless he offers himself as a witness. Admissions Admission is a statement oral or documentary which suggest any inference as to any fact in issue or relevant fact and which is made by any of the person under particular 20 circumstances; admissions are admissible evidence in civil as well as in criminal law if made against the interest of the maker because making any statement which is against the general nature of human being.
Relevant provisions: Articles 30 through 36 of the Qanoon-e-Shahadat Order, cover the topic of admissions. Meaning of the term Admission Stephen defines admissions in following words; An admission is a statement, oral or written suggesting an inference as to any fact in issue or relevant fact or deem to be relevant to any such fact made by or on behalf of any party to any proceeding An admission is concession or voluntary acknowledgement made by a party or someone identified with him in legal interest of the existence of certain facts which are in issue or relevant to an issue in the case.
Under common law admission is considered to be the genesis of confession which can become the sole ground of conviction. Admission can be declared a conclusive proof against the maker. Subject to certain exceptions, the general rule in both civil and criminal cases is that any relevant statement made by a person is evidence against himself. A statement is admission only if is made by any of the following person; 2. Statement by the parties to the proceedings under Article 31; 3.
Statement made by the agent authorized by such person under Article 31; 4. Statement made by the representatives of the parties; 5. Statement made by the parties jointly interested in the subject matter of proceedings; 6. Persons from whom the parties to the suit derived their interest or title of subject matter of suit; 7.
Persons whose position or liability is necessary to prove against party to the suit; 8. Persons expressly referred to by the party to the suit. Explanation of each: Statement by the parties to the suit: With respect to the persons whose statement are receivable as admission, the general rule is that the statement must be either, of a party to the proceeding or one other identified in interest with the party to the proceedings.
Admissions by the agent: Law of agency construes every act done by agent or every statement given by him under the cover of his agency as the act or statement of principal himself.
Thus admission made by agent is admissible for or against principal. This rule is called rule of Legal identity. Admissions by following persons amount to admission by agent. Admissions by Government servants on behalf of Government; Admissions by officers of corporation and firms; Admissions by counsel or solicitor on any question of fact; Admission by guardian or manager of court of wards.
The fact of agency must be somehow evidenced before the alleged agent s declaration can be received as admission.
Statement by the representatives: Under Article 31 any admission by a person in his representative character is also admissible. Following are valid examples of representatives; 22 1. An Executor; 2.
An administrator; and 3. A trustee. Circumstances where the admission in representative character is admissible: Under Article 31 the statements made by the parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character.
Admissions by the persons jointly interested in the subject matter of the proceedings: Statements made by the persons who have any propriety or pecuniary interest in the subject matter of the suit are receivable as admission; e.
But this type of admissions is admissible only if the admission relates to the subject matter in dispute and is made by the person declaring in the character of the person interested with the party against whom the evidence is tendered. Admissions by the persons from whom parties derive their interests: Admission is relevant if made by the persons from whom the parties to the suit have derived their interest in the subject matter of the suit during the continuance of the interest of such person.
Admissions by the person whose position must be proved as against the party to the suit: Under Article 32 an admissions of third person against his own interest when it effects his position or liability and when the position or liability and when the position or liability has to be proved against a party to the suit; is relevant against the party.
Illustration: A undertakes to collect rent for B. B sues A for not collecting rent from C to B. A denies that the rent was due from C to B ; a statement by C that he 23 owed B rent is an admission and it is relevant against A if A denies that C did owe rent to B. Admissions by the persons expressly referred to by the parties to the suit: Under Article 33 if a man refers another upon any particular business to a third person, he is bound by what this third person says or does concerning it as much as has been done or said by himself.
Article Statements made by persons whom a party to the suit has expressly referred for information in reference to matter in dispute are admissions In English law, admission by referee on matter of law is as much provable as those of matter of facts. General rule as to admissibility of admission in evidence: Generally admissions are admissible against but not in favor of the parties to the suit or their representatives; this rule is enacted under Article 34 but there are certain exceptions to this rule enunciated by the same Article.
These exceptions are; 1. Statements which are relevant under Article 46; 2. Statement as to state of mind; and 3. Statements other than admissions.
Statements which are relevant under Article Under Article 46 written or verbal statements of relevant facts are relevant if; 1. Made by the persons subject to Article 46; 2. Made under circumstances mentioned under Article 46 24 Made by the person subject to Article Statement of a person is subject to Article 46 if; 1.
He is dead; 2. He can t be found; 3. He has become incapable of giving evidence; 4. His attendance can t be procured without unreasonable delay.
Circumstances stated under Article 1. When it relates to cause of death of the maker; 2.
When it is made in the course of his business; 3. When it is against the pecuniary or propriety interests of the maker; 4. When the statement would expose the maker to the criminal prosecution or suit for damages; 5.
When it gives opinion as to public right or custom or matters of general interest and it was made before any controversy as to such right or custom has arisen; 6. When it relates to the existence of any relationship between persons; as to whose relationship the maker has special means of knowledge and the statement is made before the question in dispute arose; 7. When it relates to the existence of any relationship with deceased persons if it is made in any will, deed or family pedigree etc and was made before any question in dispute arose; 8.Number of witnesses required in cases of future obligations: Witness of two males or one male and two female witnesses is sufficient.
Persons who are acquainted with the life and character of the witness whose competency is challenged. Article deals with acceptance or denial of claim on oath.
If we look at the provisions of Qanun e Shahdat there is nothing prescribed about zina cases except that it should be interpreted according to the injunctions of Quran and Sunnah. And for this purpose court requires 5 Statement Am.
Indian Evidence Act
Personal Evidence When some person himself sees any incident or situation and gives statement about it in court, such statement is called personal evidence. Principle envisage under Article 9 through Article 9 to 12 deal with professional communication; between a legal adviser and a client the same are protected from disclosure. It requires a witness to give evidence which should always be free from fear, favour, hatred, bias There are the essential elements of a judicial approach to the dispute.
Witness has no recollection of facts; 2.