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

Section:

Law: Civil Procedure Code (V of 1908)

Section:

  Qanun-e-Shahadat (10 of 1984)--- ---- Arts. 15 & 142--- Defamatory remarks made by a witness in his testimony judicial proceeding whether privileged --- Witness was bound to say all that he knew even though defamatory --- Such latitude to witness was indispensable for searching truth to render justice --- Where statement of a witness dealt with a matter which was not in any reasonable sense germane to the subject-matter in issue, the protection of privilege should not be extended to that statement -- Test applicable to the statement of a witness was that he was not showing malice; was not trying to degenerate the privilege into a licence; was stating something quite connected with and relevant to the issue in question; and was not dealing with a matter not germane to the point in .issue where there were indications that witness was actuated by any of such considerations, his statement would not be protected. PLD 1968 SC 25 and Kali Nath Gupta v. Gobinda Chardra Basu v. M. Moosa v. Mahomed etc. PLD 1954 Sindh 70; M. Moosa v. Muhammad, etc. PLD 1968 SC 25; M. Moosa v. Muhammad, etc. 1975 SCMR 115 and M. Moosa v. Mahomed etc. PLD 1959 (W.P.) Kar. 378 ref. Words and phrases--- ----"Malice "--- Connotation--- "Malice" is essentially a question of fact meaning mostly conceptual treatment based upon some motive --- Malice also connotes wrongful act done intentionally without just cause or excuse. Wharton's Law Lexicon, 14th Edn., p.622 rel. Qanun-e-Shahadat (10 of 1984)--- ---- Arts. 15 & 142 --- Defamatory remarks made by a witness in his testimony in judicial proceeding against counsel in answer to a question in cross examination --- Privilege --- Extent of --- Plaint, in suit for damages against such witness showed that no motive or ulterior reason was attributed therein to witness in having made such typical remarks against the counsel --- Element of malice was thus missing in the plaint; instead plea taken was that those remarks were made deliberately which expression was not synonymous with the motive besmearing thinking of witness against the counsel --- Remarks attributed to witness related to a case wherein, the property…