Law: Evidence Act (I of 1872)

Section: 50, 138, 17, 154

(a) Evidence Act (I of 1872)  S. 50WitnessRelationshipproofStatement of a witness having special means of knowledge about relationshipWould not become admissible so long as source of information about relation ship not disclosedEvidence of related witness cannot be rejected if otherwise relevant merely because such witness did not state in first instance as. to means of special knowledgeRelationship, held, gives rise to assumption of witness having possessed special means of . knowledge on question involved.[Witness]. (b) Evidence Act (I of 1872) S. 50RelationshipProofOpinion expressed by conduct Special means of knowledgeOpinion as to relationship of one person to anotherTo be formed by CourtOpinion of any member of family or of a person otherwise having special means of know ledge on subject expressed by conduct as existence of such relation ship, held, relevant. Haji Ilahi Bakhsh and others v. Mst. Nawab Bibi and others P L D 1966 Lah. 664 ; Ghulam Muhammad and another v. Allah Yar and others P L D 1965 Lah. 482 and Shah Nawaz and another v. Nawab Khan P L D 1976 S C 767 ref. (c) Evidence Act (I of 1872)  S. 50RelationshipProofWitness deposing as to paternity gaily 5 years old when person in question born and not stating grounds on which he formed such opinionEvidence of such witness, held, irrelevantStatement of witness even if relevantCross examination could not be only way to get rid of effect of such state ment and party producing such witness could avoid adverse effect by other methods such as by producing evidence in rebuttal of his statement or by impeaching his credit. (d) Evidence Act (I of 1872)  S. 138CrossexaminationFailure to crossexamine witness Amounts to acceptance of evidence of witnessEffect of such adverse statement, held, can however be dispelled by evidence. [Crossexamination), Prakash Chandra Pathak v. State of Utter Pradesh A I R 1960 S C (Ind.) 1 5; P L D 1967 Lah. 1138 ; P L D 1967 Azad J & K 26; P L D 1963 Kar. 465 and P L D 1969 Pesh. 118 ref. (e) Precedent . Relevancy ofJudicial decisions, effect ofJudicial decisions primarily apply to facts on, which givenObservation generally made on consideration of peculiar…