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Qanun e Shahadat

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What is meant by burden of proof?

Under Article 117of Qanoon-e-Shahadat ord 1984, whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that thos...
Why is a leading question not asked in direct examination of a witness?

Leading question must not, if objected to by the adverse party, be asked in an examination – in-chief, or in re-examination, except with the permission of the Court. The Court shall permit leading que...
What is meant by burden of proof?

Under Article 117of Qanoon-e-Shahadat ord 1984, whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that thos...
What is leading question?

Under article 136 of Qanoon-e-Shahadat, Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question. This FAQ is prepared by Sadia Saman Ad...
When leading question can be asked?

The questions which are asked should be in context to the facts relevant to the case and not beyond it. Leading questions can only be asked during cross-examination and not during examination-in-chief...
What is the purpose of a leading question?

A leading question is a question that encourages a particular desired answer, often because of the way that the question is phrased. In most cases, leading questions are carefully phrased in order to ...
Question: Can the Lunatic be competent witness?

Answer:           A lunatic is not generally considered competent to give testimony.   This FAQ is prepared by Sadia Saman Advocate 
Question: Can the Dumb Person be competent witness?

Answer:           A person who is dumb can also give evidence either by sign or in writing, subject to the fact that he can make understandable to the court.   This FAQ is pr
Question: Can the Deaf Person be competent witness?

Answer:           A person who is deaf can also give evidence either by sign or in writing, subject to the fact that he can make understandable to the court.     This

Question: Can a person who is convicted by court for giving false evidence, be competent witness?

  Answer:           no, who is convicted by court for giving false evidence, cannot be competent witnesses.     This FAQ is prepared by Sadia Saman Advocate 
Question: Exempted for being a witness?

Answer:           Three persons have been exempted:  1) the minor until he attains puberty, 2) the mad until he recovers, 3) the sleeping person until he awakes.
Question: Define the term Witnesses.

Answer:           Any person, adult and sane, not subject to sovereign or diplomatic immunity concept the parties to the litigation who divulges facts of the event happened and
Question: Is child competent to give testimony?

Answer:           child is competent witness, and competent to testify, if he can understand the question put to him and give rational answer thereto.    

Question: Disqualification for being witness:

Answer:           Ø 

Question: who may testify?

Answer:           All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them giving rational answ
Question: defined Admission as per Qanun-e-Shahadat order 1984.

Answer:           An admission is a statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact.   This FAQ is prepared by Sadia Sama
Question: kinds of Confession:

Answer:           Confession may be classified:

Question: Define Judicial Confession:

Answer:           Judicial Confessions are those confessions which are made before a Magistrate or a Court in the course of legal proceedings. Confession recorded under section 164 and 364 of Criminal...
Question: Extra –Judicial Confession:

Answer:           A confession which is neither made to a Magistrate nor in the course of legal proceedings is described as Extra-Judicial Confession. It may be contained in a documentary made by the ...
Question: Admission is applied:

Answer:           The term admission is applied usually to civil cases.     This FAQ is prepared by Sadia Saman Advocate 
Question: Confession is applied:

  Answer:           the term Confession is usually used in the context of criminal cases.   This FAQ is prepared by Sadia Saman Advocate   
Question: What is evidentiary value of Dying Declaration?

Answer:           Article 46 of Qanun-e-Shahadat Order 1984, deals with dying declaration,a statement is made by a person as to the cause of his death or as to any of the circumstan
Question: how to proved Dying Declaration?

Answer:           A dying declaration is admissible whether it is written or verbally made. Generally an unwritten declaration is proved by calling persons who heard it or to whom it was made,

Question: when Dying Declaration is Inadmissible?

Answer:           When the cause of the declarant’s death, does not come into question.

Question: Opinion as to handwriting when relevant:

 Answer:        As per Qanun-e-Shahadat Order 1984, When the Court has to form an opinion as to the person by whom any document was written or signed the opinion of any person acquainted with the hand...