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Category: Qanun-e-Shahadat 1984

Public and Private Documents

Public and Private Documents

Public and Private Documents 1. Intro: Evidence have great important in both civil and Criminal cases and major part of procedural law. Evidence is a mean of proof. There can be different kinds of evidence. There are two main types of evidence one is called oral while the other is documentary evidence. Sometimes evidence is established by producing or presenting docs before court. The doc so produced for the inspection of the court, is called documentary evidence. Two types of…

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Privileged Communication

Privileged Communication

Privileged Communication: The great rule of law is that a witness is bound is bound to tell the whole truth, & to produce any document in his possession or power relevant to matter in issue. But certain witness cannot be compelled to disclose certain facts & the law excludes this evidence on ground of public policy. Relevant Prov: Art 4-9 of Qanoon-E-Shahadat 1984. Various privileges of the Witness are as under: Judges and Magistrates (Art-4): A Judge or a Magistrate…

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Plea of Alibi and its essentials

Plea of Alibi and its essentials

What is Plea of Alibi and its essentials? Define Alibi plea and its essentials? Essentials of Plea of Alibi: It is that form of defense during which a person charge with an offence (accuse) try to establish that he was in some other place at the relevant point in time while so-called offence take place. Essentially, criminal law has supplied the accused person diverse defenses to establish his virtue against accusation. No-doubt, plea of alibi is one among such defenses….

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Leading Questions

Leading Questions

Leading Questions:  A leading is questions, framed in such a manner that if throws a hint as to, or suggests directly or indirectly, the answer which the examiner desires to elicit from witness. Consequently, queries must be placed to him about significant details and after that he should be given the fine liberty to use his individual understanding to respond these queries. The purpose of asking leading question is just to ask the accuracy of evidence given by witness. Relevant…

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Kinds of Evidence

Kinds of Evidence

Kinds of Evidence: Under Qanun-e-Shahadat Order 1984 Evidence is that the most crucial component of procedural law. Word” evidence” is taken from Latin expression and this Latin expression is apparent or evidere, which recommends to point out apparently, to obtain, to decide or to establish. Evidence refers to anything, which is important to prove a particular fact. In short words, evidence may be a mean of proof. There can be different kinds of evidence. Def (i) consistent with Salmond “Evidence…

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Judicial Notice

Judicial Notice

Judicial Notice: One of the basic aims of law is to provide justice within shortest possible time. Art 111 of Qanoon-e-Shahadat Ordinance provided list of which court can take the judicial notice & fact mentioned under article 113 needs not to be proved & this is exception to the general rule that all relevant facts must be proved. Relevant Prov: Article 111 to 113 of Qanoon-e-Shahadat Ordinance 1984. Meaning: Cognizance taken by court, of certain matters, the existence of which…

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Identification Parade

Identification Parade

Identification Parade Introduction: the main purpose of identification parade is to facilitate an eyewitness to mark individuals or things, that are concerned with offence committed and that are not until that time authority on participation of such individual or things in offence that is committed. It is is connected to those facts which are declared as relevant facts about place, name, person or date. The conduct of identification parade is part of the investigation & is held not as a…

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Examination of Witness

Examination of Witness

Examination of Witness: When witness is presented before court, he is subjected to serial of examinations. It is because without examining him, his testimony should not be relied upon. A witness after having been called in witness box, examined in 3 different ways, as witnesses play vital role in dispensation of justice. Relevant Prov: Art 132,133 of Qanoon-e-Shahadat Ordinance 1984. Meaning: It means examination-in-chief, cross-examination and re-examination if any as provided by the above mentioned articles. Three stages in examination…

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Difference between primary and secondary evidence

Difference between primary and secondary evidence

Difference between primary and secondary evidence: Primary evidence is first required by law to be produced whereas secondary evidence can only be produced in the absence of primary evidence. In case of primary evidence, a document cannot be considered to be proved, because it genuineness is always no disputed by other party, whereas in case of secondary evidence, a document can be considered to be proved, because its genuineness is always open to objections. Primary evidence is of greater value…

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Evidence and its Kinds

Evidence and its Kinds

Evidence and its Kinds: It is the most important part of procedural law. Term “evidence” is obtained from Latin word, and this Latin word is apparent or evidere, which proposes to point out visibly to acquire to decide or to establish. Evidence refers to anything, which is important to prove a particular fact. In short words, evidence may be a mean of proof. There can be different kinds of evidence. Relevant Pro: Art 72-76 of Qanoon-e-Shahadat Ordinance. Meaning: in order…

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