Law: Evidence Act (I of 1872)

Section: 101, 114, 115, 100

(a) Evidence Act (I of 1872)  Ss. 101-114-Proof-Proof in civil cases and in criminal cases- Distinction. A distinction has to be drawn about the proof in civil and criminal cases. It is correct that 'in general, the rules of evidence of civil and criminal cases are the same but some provisions in the Evidence Act are peculiar to criminal and Others peculiar to civil casts. Whereas in a civil case a mere preponderance of probability is a sufficient basis of decision, in a criminal case persuasion of guilt must amount to such a moral certainty as convinces the mind of the Court beyond all reasonable doubt and this rule as a prudence has in fact attained the force of law founded on public policy. (b) Evidence Act (I of 1872) Ss. 101 R& 102 -Burden of proof-Question of onus of proof loses importance when relevant evidence adduced and placed on record.-[Burden of proof]. The question of onus of proof loses its importance when relevant evidence has been adduced and placed on the record. This question becomes material only where the Court finds the evidence so evenly balanced that it can come to no definite conclusion. In such an event, the rule is that the party on whom the onus lay must fail. But where evidence has been led by both-sides and considered, the question of onus loses its importance. Muhammad Bashir v. Mst. Rehmat Bibi 1970 S C M R 478 and 1974 S C M R 341 rel. (c) Evidence Act (I of 1872) S. 114--Presumption of truth-Revenue record--Khasra Gir. dawari-Does not carry presumption of truth but contains evidence to show possession of land-Jamabandi, however, carries presumption of truth.--[Presumption]. (d) Partition  Possession on a piece of land jointly owned-Does not ipso face prove private partition unless such possession proved to be. based on partition.---[Possession]. P L D 1959 Kar. 408 distinguished (e) Partition .Person, one of co-sharers, claiming possession of land on basis of private partition to complete exclusion of other co-sharers Such claim also supported by other co-sharer in statement before Court--Case-of separate possession for convenience sake not made out in circumstances.=[Possession] P L D 1959 Kar. 408…