Law: Constitution of Pakistan, 1973

Section: 10-A

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

Section: 72

(a) Constitution of Pakistan--- ----Art. 10-A---Right of fair trial---Scope---Right to fair trial as enunciated vide Art. 10-A of the Constitution, is right of every citizen and is a fundamental right---Such is Constitutional reassurance envisaged and envisioned both procedural standards that Courts must uphold in order to protect peoples’ personal liberty and a range of liberty interests that statutes and regulations must not infringe---On insertion of such fundamental right in Constitution, High Court has to analyze and survey the laws and rules/regulations framed thereunder to comprehend whether such indispensable right is accessible or deprived of---In case of stringency and rigidity in affording right of fair trail, it is the function rather a responsibility of Court to protect this right so that no injustice and unfairness should be done to anybody---To give a fair right of audience and proper disposal of the issues, it is necessary to address issue one after another. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 72---Documentary evidence---For Court to look into document for deciding its probative or evidentiary value, it is necessary to tender the document legally first---When opposite party objects to tendering i.e. mode of proof of a document in evidence, it is duty of Court to decide it immediately and not defer it---When objection is not on existence or execution of document itself but on the contents, its evidentiary value, the fact it seeks to convey and there is a chance that primary or secondary evidence may be led to prove its contents, production of such document in evidence cannot be denied. (c) Specific Relief Act (I of 1877)--- ----S. 42---Right---Scope---Denial of a right constitutes a cause of action to maintain an action under S. 42 of Specific Relief Act, 1877---Relief of declaration is a discretionary relief and can be granted in the case where substantial injury is established---In absence of denial of right no relief of declaration can be granted---Legal character as used in S. 42 of Specific Relief Act, 1877 is equivalent to legal status and legal status is a legal right when it involves a peculiarity…

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