Qanun-e-shahadat Order 1984 In Urdu Pdf 24
Destiny Cottingham
Qanun-e-Shahadat Order 1984 in Urdu PDF: A Complete Overview
The Qanun-e-Shahadat Order 1984 is the law of evidence that applies to all judicial proceedings in Pakistan. It was enacted to revise, amend and consolidate the previous laws of evidence and to bring them in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah. The Qanun-e-Shahadat Order 1984 covers various aspects of evidence, such as relevancy, admissions, confessions, estoppel, witnesses, documentary evidence, presumptions, burden of proof and expert opinion.
If you are looking for a comprehensive guide on the Qanun-e-Shahadat Order 1984 in Urdu PDF format, you have come to the right place. In this article, we will provide you with a brief summary of the main provisions of the Qanun-e-Shahadat Order 1984 and a link to download the full text of the law in Urdu PDF format.
Relevancy of Facts
The Qanun-e-Shahadat Order 1984 defines evidence as all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry. Evidence may be given of facts-in-issue and relevant facts. Facts-in-issue are those facts which are directly related to the matter in dispute. Relevant facts are those facts which are logically connected with the facts-in-issue and help to prove or disprove them.
The Qanun-e-Shahadat Order 1984 lays down various rules for determining the relevancy of facts. For example, facts which are the occasion, cause or effect of facts-in-issue are relevant; facts which show the motive, preparation or subsequent conduct of a party are relevant; facts which show the existence of a right or custom are relevant; facts which show the state of mind or body of a person are relevant; and facts which are not otherwise relevant become relevant if they are inconsistent with any fact-in-issue or relevant fact.
Admissions and Confessions
The Qanun-e-Shahadat Order 1984 defines admission as a statement, oral or documentary, which suggests any inference as to any fact-in-issue or relevant fact, and which is made by any of the persons and under the circumstances mentioned in Articles 31 to 33. Admissions are generally relevant and may be proved as against the person who makes them or his representative in interest.
The Qanun-e-Shahadat Order 1984 defines confession as an admission made at any time by a person charged with a crime stating or suggesting the inference that he committed that crime. Confessions are generally not admissible unless they are made voluntarily and in accordance with Articles 38 to 40. Confessions may be proved against the person who makes them or his co-accused.
Estoppel
The Qanun-e-Shahadat Order 1984 defines estoppel as a rule of law that prevents a person from denying or contradicting a fact that he has previously asserted or admitted by his act or declaration. Estoppel may arise from various situations, such as when a tenant or licensee admits that his landlord or licensor has a title to the property; when an acceptor of a bill of exchange admits that it was drawn by a person who had authority to do so; or when a person intentionally causes another person to believe a thing and act upon such belief.
Witnesses
The Qanun-e-Shahadat Order 1984 defines witness as a person who gives evidence before a court. The competence and number of witnesses depend on various factors, such as their age, mental capacity, character, religion and relationship with the parties. The Qanun-e-Shahadat Order 1984 also lays down various rules for examining, cross-examining and re-examining witnesses.
The Qanun-e-Shahadat Order 1984 also provides for special modes of proof for certain matters, such as oath (Qasamah), affirmation (Iqrar), judicial notice (Ilm-i-Adalat) and presumption (Zann).
Documentary Evidence
The Qanun-e-Shahadat Order 1984 defines document as any matter expressed or described upon any substance by means of letters, figures or marks intended to be used for recording that matter. Documentary evidence includes written documents, electronic records, audio recordings, video recordings and photographs.
The Qanun-e-Shahadat Order 1984 lays down various rules for proving the contents, execution and authenticity of documents. For example, primary evidence is preferred over secondary evidence; certified copies are admissible as secondary evidence; oral evidence is excluded by documentary evidence; and documents must be proved by their makers unless they are dead or unavailable.
Presumptions
The Qanun-e-Shahadat Order 1984 defines presumption as an inference as to the existence of one fact from the existence of some other fact. Presumptions may be conclusive (Qati) or rebuttable (Ghair Qati). Conclusive presumptions are those which cannot be contradicted by any evidence. Rebuttable presumptions are those which may be disproved by contrary evidence.
The Qanun-e-Shahadat Order 1984 provides for various kinds of presumptions, such as presumption of legitimacy (Nasab), presumption of death (Maut), presumption of continuance (Istiqamat), presumption of innocence (Bara'at), presumption of sanity (Aql), presumption of ownership (Malikiyat) and presumption of due execution (Sahihiyat).
Burden of Proof
The Qanun-e-Shahadat Order 1984 defines burden of proof as the obligation to prove a fact-in-issue or relevant fact. The burden of proof may be legal (Shari) or evidential (Bayani). Legal burden is the obligation to prove a fact on which the right or liability depends. Evidential burden is the obligation to produce evidence sufficient to avoid a ruling on the issue against him.
The general rule is that whoever asserts a fact must prove it. However, there are some exceptions to this rule, such as when there is a presumption in favour of one party; when there is an admission by another party; when there is an estoppel against another party; or when there is a special provision in any law.
Expert Opinion
The Qanun-e-Shahadat Order 1984 defines expert as a person who has special knowledge, skill or experience in relation to any subject on which opinion may be required by a court. Expert opinion is admissible when it relates to matters such as handwriting, finger prints, medical science, ballistics, engineering, accounting or foreign law.
The court may appoint an expert on its own motion or on the application of any party. The expert may examine any document or thing relevant to his opinion and give his report in writing or orally. The expert may also be cross-examined by either party.
Download Qanun-e-Shahadat Order 1984 in Urdu PDF
If you want to download the full text of the Qanun-e-Shahadat Order 1984 in Urdu PDF format, you can click on this link: https://ma-law.org.pk/pdflaw/qanun_e_shahadat_order_1984.pdf. This PDF file contains all the articles and schedules of the law along with explanatory notes and examples.
Benefits of Qanun-e-Shahadat Order 1984
The Qanun-e-Shahadat Order 1984 has several benefits for the administration of justice in Pakistan. Some of these benefits are:
- It harmonizes the law of evidence with the principles of Islam and ensures that no evidence is admitted that is contrary to the Quran and Sunnah.
- It simplifies and modernizes the law of evidence and removes the anomalies and inconsistencies that existed in the previous laws.
- It provides for a uniform and comprehensive law of evidence that applies to all courts and tribunals in Pakistan.
- It enhances the credibility and reliability of evidence and ensures that justice is done on the basis of truth and fairness.
- It facilitates the speedy disposal of cases and reduces the cost and inconvenience of litigation.
Challenges of Qanun-e-Shahadat Order 1984
The Qanun-e-Shahadat Order 1984 also faces some challenges and limitations in its implementation and application. Some of these challenges are:
- There is a lack of awareness and understanding of the Qanun-e-Shahadat Order 1984 among the legal practitioners, judges, litigants and general public.
- There is a shortage of qualified and trained experts who can provide reliable and impartial opinion on various matters that require expert evidence.
- There is a need for more research and development on the Qanun-e-Shahadat Order 1984 to address the emerging issues and challenges in the field of evidence.
- There is a need for more coordination and cooperation among the various stakeholders, such as the judiciary, the legislature, the executive, the bar associations, the law enforcement agencies, the academia and the civil society, to ensure the effective implementation and enforcement of the Qanun-e-Shahadat Order 1984.
Conclusion
The Qanun-e-Shahadat Order 1984 is a landmark legislation that has reformed and improved the law of evidence in Pakistan. It has brought the law of evidence in conformity with the injunctions of Islam and has made it more rational, logical and consistent. It has also provided for a comprehensive and uniform law of evidence that applies to all judicial proceedings in Pakistan. The Qanun-e-Shahadat Order 1984 has several benefits for the administration of justice in Pakistan, but it also faces some challenges and limitations that need to be addressed. The Qanun-e-Shahadat Order 1984 is a dynamic law that requires constant review and revision to keep pace with the changing times and circumstances.
If you want to learn more about the Qanun-e-Shahadat Order 1984 in Urdu PDF format, you can download it from this link: https://ma-law.org.pk/pdflaw/qanun_e_shahadat_order_1984.pdf. This PDF file contains all the articles and schedules of the law along with explanatory notes and examples.
Conclusion
The Qanun-e-Shahadat Order 1984 is a landmark legislation that has reformed and improved the law of evidence in Pakistan. It has brought the law of evidence in conformity with the injunctions of Islam and has made it more rational, logical and consistent. It has also provided for a comprehensive and uniform law of evidence that applies to all judicial proceedings in Pakistan. The Qanun-e-Shahadat Order 1984 has several benefits for the administration of justice in Pakistan, but it also faces some challenges and limitations that need to be addressed. The Qanun-e-Shahadat Order 1984 is a dynamic law that requires constant review and revision to keep pace with the changing times and circumstances.
If you want to learn more about the Qanun-e-Shahadat Order 1984 in Urdu PDF format, you can download it from this link: https://ma-law.org.pk/pdflaw/qanun_e_shahadat_order_1984.pdf. This PDF file contains all the articles and schedules of the law along with explanatory notes and examples.
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