Case Details

Citation(s)
2023 SLG 244 2023 SLD 244 2023 MLD 44
Sindh High Court
Constitutional Petition No. D-6338 of 2020, decided on 20th May, 2021.
MUHAMMAD IQBAL KALHORO AND SHAMSUDDIN ABBASI, JJ

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Dr. Agha AIJAZ ALI PATHAN

VS

The STATE and another

Law:

Section:

(a) Evidence--- ----Admissibility, objection to---Scope---Whenever an objection is raised by the defense over admissibility of some evidence sought to be produced in the trial, the Court is bound to decide it first before proceeding further and that it shall abstain from deferring the same for a decision to be made at the time of . (b) Evidence--- ----Admissibility, objection to---Scope---If a document that otherwise cannot be admitted in evidence is sought to be admitted in the evidence, and the defense is raising objection over it; it would be duty of the Court to decide it first before taking on further proceedings---If the objection being raised is to hit merit of the document or manner of its recovery having an impact of prejudicing outcome of the case prematurely against or in favour of either party, the court is not required to decide the same then and there while recording the evidence---Said two situations are dissimilar to each other in the context and implication in law---One entails an immediate attention of the Court so that inadmissible evidence is held back at the very inception with a view to avoid misperception and…
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