The Qanun-e-Shahadat Order, 1984, (qso is substantive law ) is a significant piece of legislation in Pakistan that governs the law of evidence in legal proceedings. It is a comprehensive code that provides guidelines for the relevancy, admissibility, and proof of facts in various legal cases. The order consists of three parts, each containing several chapters that address different aspects of evidence and its usage in court.
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1-Qanoon e Shahadat order 1984 is ________ (qso is substantive law ) 2-The Qanoon-e-Shahadat Order 1984 extends to the whole of Pakistan and applies to all judicial proceedings before any forum. EXCEPT________ 3-There are ________ articles in the Qanoon-e-Shahadat Order 1984 4-Civil cases are decided upon the basis of__________ 5-Res nullius means__________ 6-Divorce pronounced during death illness is___________ 7-What is the meaning of “Persona non grata”? 8-Dying declaration of the child is_______ 9-A fact in issue is a fact that is: 10-Animus Confitendi means________ |
Short review on Qanun-e-Shahadat Order, 1984,
The Qanun-e-Shahadat Order, 1984, is a significant piece of legislation in Pakistan that governs the law of evidence in legal proceedings. It is a comprehensive code that provides guidelines for the relevancy, admissibility, and proof of facts in various legal cases. The order consists of three parts, each containing several chapters that address different aspects of evidence and its usage in court.
Part-I: Relevancy of Facts
This part of the Qanun-e-Shahadat Order, 1984, deals with the concept of relevancy of facts in legal cases. It outlines which facts are considered relevant and admissible as evidence and which are not. The chapters in this part cover various aspects related to the relevancy of facts and how they can be presented in court.
Chapter I: Preliminary
Chapter I contains the preliminary provisions of the order, setting the foundation for understanding the subsequent chapters. It defines essential terms and concepts used throughout the order, ensuring clarity and consistency in its application.
Chapter II: Witnesses
Chapter II focuses on witnesses and their role in legal proceedings. It discusses who can be considered a witness, the different types of witnesses, and their competency to testify. The chapter also outlines the procedures for taking witness statements and their examination during trial.
Chapter III: The Relevancy of Facts
Chapter III is a critical section that defines the relevancy of facts in court cases. It explains the types of facts that are relevant to the issue at hand and can be presented as evidence. The chapter also deals with the exclusion of facts that are irrelevant to the case.
Chapter IV: Oral Evidence
Chapter IV specifically covers oral evidence, which is evidence presented through the spoken word of witnesses. It lays down the rules for the admissibility of oral evidence, the examination and cross-examination of witnesses, and the weight given to such evidence in court.
Chapter V: Documentary Evidence
Chapter V focuses on documentary evidence, which includes written or recorded materials such as contracts, letters, and other documents. The chapter sets forth the conditions for the admissibility of documentary evidence and the requirements for proving its authenticity.
Chapter VI: The Exclusion of Oral Evidence By Documentary Evidence
Chapter VI addresses the exclusion of oral evidence when there is documentary evidence available. It deals with situations where written documents are considered more reliable and how they may override oral testimony.
Part-II: Proof
Part-II of the Qanun-e-Shahadat Order, 1984, is dedicated to the rules of proof in legal cases. It lays down the burden of proof and the standards required to establish a fact or claim in court.
Chapter VII: Facts Which Need Not to be Proved
Chapter VII enumerates certain facts that need not be proved in court, as they are presumed to be true unless proven otherwise. These include facts of public knowledge, judgments, and official acts, among others.
Chapter VIII: Estoppel
Chapter VIII deals with the concept of estoppel, which prevents a party from denying the truth of a statement they previously made. It explains the conditions under which estoppel can be applied and its impact on legal proceedings.
Part-III: Production and Effect of Evidence
Part-III of the order focuses on the production and effect of evidence presented in court. It addresses the procedures for examining witnesses, the weight given to their testimony, and the decision-making process based on the evidence presented.
Chapter IX: The Burden to Proof
Chapter IX discusses the burden of proof, which is the responsibility of a party to prove a fact or claim. It explains how the burden of proof shifts between parties during different stages of the trial and how it affects the outcome of the case.
Chapter X: Examination of Witnesses
Chapter X provides detailed guidelines for the examination of witnesses in court. It covers the methods of examination, including direct examination, cross-examination, and re-examination, ensuring fair and effective questioning of witnesses.
Chapter XI: Improper Admission and Rejection of Evidence
Chapter XI deals with instances where evidence is improperly admitted or rejected by the court. It outlines the remedies available when such errors occur, ensuring that the court’s decision is based on relevant and admissible evidence.
Chapter XII: Decision of the Case on the Basis of Oath
Chapter XII discusses the role of oaths in legal proceedings and their impact on the court’s decision-making process. It explains how a decision may be rendered based on the oath taken by parties or witnesses.
Chapter XIII: Miscellaneous
Chapter XIII is a catch-all chapter that addresses various miscellaneous matters related to the production and effect of evidence in court. It covers the use of affidavits, the admissibility of electronic evidence, and other relevant issues.
Conclusion:
It is asubstantive law of the Pakistani legal system, meticulously outlining the rules and principles governing the admissibility and relevancy of evidence in court. With its three parts and thirteen chapters, this significant legislation provides a structured framework for judges, lawyers, and litigants to navigate the complexities of evidence during legal proceedings .The Order’s Part-I, focusing on the relevancy of facts, sets the stage by defining essential terms and distinguishing between relevant and irrelevant evidence. Chapters I to VI delve into various aspects of relevancy and the presentation of evidence, ensuring a clear understanding of what can be admitted in court.Part-II, dedicated to proof, deals with the burden of proof and the standards required to establish facts. Chapters VII and VIII elucidate facts that need not be proved and the concept of estoppel, streamlining the trial process by presuming certain facts as true.
Read Also: Civil Procedure Code important MCQs
Very nice program
Quiz 1 question 2. Answer is wrong. Burden of proof is on A. Article 118 illustration (a)
Thanks dear, now MCQs is updated.
It is very helpful. But many answers are wrong. I already mentioned one, and 2nd is 26 of quiz one. In civil cases charecter is irrelevant. You need to work
Thanks for pointing out the mistakes that really exist now i checked them and update with correct answer.
Question NUmber ONe ANs is (A) FACT according to illistration (d)
Question No 19; illustration Number is (C)….not (A) it is about B cannot be compelled to answer!
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Q no 3
What is different in option A C ?
Dear Zarif Khan! First of all, thank you so much for helping us by pointing out the mistakes that really existed, and we have updated them. By the way, you might not have noticed that the MCQs have a shuffling setting, and whenever you refresh, you will see the questions shuffled. Kindly give a hint for this question so that we can point it out and answer you !
Quize No1- MCQs No-28 option (B) is wrog correct option is (C) according under Article 2(d) illustration (d)