The Qanun-e-Shahadat Order, Latest Law Cases. Contention of husband that wife, while making claim for dowry articles, was required to prove the case in terms of the requirements of Qanun-Shahadat Order, was not only misconceived but was also besides the mandate of law as envisaged in S. Evidence--Ocular testimony--Value of--Ocular testimony could not be thrown out merely because there was background of enmity with the convict--However test for accepting the same is that there are establishing circumstances regarding their presence at place of occurrence at the relevant time and whether they could have witnessed the occurrence and that they were in a position to identify the culprits and that the number of culprits described by them could be accepted as dependable. Competency of a witness. Family Matters.
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Such evidence has been described to include material objects produced before the court for inspection. This inspection generally takes place inside the courtroom, however, it may be necessitated outside the court as well when, due to the bulk and volume of evidence, it is not feasible or convenient for the objects to be produced before the court. In other cases, inspection of objects may be necessary in close context to their surroundings. No exhaustive description can be given as to what physical evidence includes.
The following enumeration contains its common instances:. The function of the definition is to give certainty and precision to the phrase which has been defined and to avoid repetition. However, in law, like in every other discipline, there are problems with definitions and legal interpretation of words. In general, we define things by looking at the ways in which words have been used historically and currently, and also by ascribing new meanings or components to them.
Putting this into perspective makes the definition of the evidence truly remarkable. It restricts the categories so declared or enumerated. It is rather open-ended. The lawmakers would have been fully cognizant of the situation when the Bill had come under their scrutiny at the time of passing of the Act. Such omission might have been warranted because of the variety of the forms of real evidence. There is, however, a slight difference in the scope of the definition of evidence with regard to the Evidence Act and its modified counterpart the Qanun-e-Shahadat Order In the former, the opening phrase is somewhat exhaustive, while in the latter it is rather extensive in scope.
The intention seems to have been to make the definition more extensive. The testimony of witnesses regarding what they have seen is called direct evidence, while all facts in the form of objects may be referred to as circumstantial evidence. The views expressed in this article are those of the author and do not necessarily represent the views of CourtingTheLaw.
He is a social and political activist with keen interest in legal, social and political issues. He has contributed to many national and international journals, law magazines and newspapers. The following enumeration contains its common instances: spent bullets, live rounds, bullet empties, vehicles in connection to a crime or for determining damages in civil claims, blood stained earth, blood stained clothes, weapons of offence such as rifles, blood stained weapons such as knives, narcotics substances, alcoholic substances, the appearance of a person and the demeanor of a witness, viewing of machinery, apparatus and utensils, observing the reaction of animals like cats and parrots towards rival claimants, viewing of buildings and landscapes, information recorded on a computer without the intervention of human minds, etc.
Interpretation of Statutes B. Site index.
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Short title, extent and commencement. Who may testify. Judges and Magistrates. Communications during marriage. Evidence as to affairs of State.
Definition of “Evidence” Under Article 2 of Qanun-e-Shahadat Order 1984