Law: Qanun-e-Shahadat (10 of 1984)

Section: 72,78

(a) Evidence---- ----Parties were to produce best available evidence and failure to produce same would give rise to presumption that had such evidence been presented / produced, then the same would have been unfavourable to party withholding such evidence. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 78 & 72---Document taken in evidence, proof of ---No objection by defendant regarding admissibility and proof of such document---Proof of signature and handwriting of person alleged to have signed or written document produced in evidence --- Scope--- Document's production in evidence and its admission were two different subjects and a document could be produced in evidence which was always subject to admission as required under Art. 78 of Qanun-e-Shahadat, 1984---Courts were vested with authority and jurisdiction to ascertain genuineness and authenticity of any document in order to arrive at a just and fair conclusion on parameters of said Article---When a document had been exhibited in evidence without any objection from opposite party, then same was deemed to be proved in all aspects. Jamshed Ahmad Khan Dasti v. The State and another (Cr. Appeal No. 176 of 2013); Abdullah and 3 others v. Abdul Karim and others PLD 1968 SC 140; Ghulam Muhammad v. United States Agency for International Development (US. AID) Mission, Islamabad and another 1986 SCMR 907; Mian Tajammul Hussain and 3 others v. State Life Insurance Corporation of Pakistan 1993 SCMR 1137; Muhammad Rashid Khan v. Noor Muhammad Khan and 2 others 2002 CLC 749; S.A.K Rehmani v. The State 2005 SCMR 364; Raza Munir and another v. Mst. Sardar Bibi and 3 others 2005 SCMR 1315; Muhammad Azizur Rehman v. Liaquat Ali 2007 CLD 1605; Muhammad Iqbal v. Mehboob Alam 2015 SCMR 21; Alhaj Diwan Bukhtiar Said Muhammad v. Diwan Maudood Masood 2006 YLR 2517; Muhammad Imran Khan and another v. Ehsanullah and others 2016 MLD 418; Naeem Tufail v. Jubilee Insurance Company Ltd. through Chairman and another 2017 CLD 1122; Muhammad Shafi v. Ashiq Hussain 2017 CLD 1593 and Muhammad Nawaz v. Qazi Muhammad Rashid 2018 CLD 104 ref. Ch. Muhammad Saleem v. Muhammad Akram and others PLD 1971 SC 516 and Muhammad Iqbal v. Mehboob…

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