Case Details

Citation(s)
1995 SLD 757 = 1995 CLC 1383
Peshawar High Court
FA.Es. Nos. 1 and 2 of 1994, decided on 10th January, 1995.
Presented By: Before Abdid Karim Khan Kundi C.J. and Nasir-ul-Mulk, J
Zahoorul Hak and assisted by Tariq Parvaiz for Appellant. Farouk Adam Khan for
Respondent No.1.

ZULFIQAR ALI ---Appellant

VERSUS

Haji KAMAL HUSSAIN and 27 others---Respondents

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

Section: 49

  Qanun-e-Shahadat (10 of 1984)--- ----Art. 49---School Certificates and extracts from school register---Relevancy and admissibility---School registers were although not maintained under any statutory law or rules, but under executive orders, yet they are recognized as public documents---School certificate and original register maintained by schools being admissible evidence, non-production of author of such documents would not make such documents inadmissible in evidence.-- [Evidence]. Shiv Ram v. Shiv Charan Singh AIR 1964 Rajisthan 126; Bhim Mandal v. Magaram Corain AIR 1961 Patna 21; In re: Siram Reddi AIR 1960 And. Pra. 253; Ramappa v. Bojjappa AIR 1963 SC 1633; Vishnu Maheswaran Nampoothiri v. Kuruvilla Kichitty Kuruvila AIR 1957 Kerala 103 and Re, Siram Reddi AIR 1960 And. Pra. 253 rel. Kishori Lal and others v. Firm Lajja Ram AIR (38) 1951 Punjab 375; Muhammad Nawas Khan v. The Collector District Gujranwala PLD 1960 (W.P.) Lah. 1123; Khizar Hayat v. Sarfaraz Khan and others PLD 1968 Lah.381; Heasab v. Election Authority Sindh PLD 1986 Kar. Mst. Razia Khatoon v. Dr. Roshan H. Nanji 1991 SCMR 840 and Sycd Akhtar Hussain Zaidi v. Muhammad Yaqinuddin 1988 SCMR 753 ref. National Registration Act (LVI of 1973)--- ----S. 4---Qanun-e-Shahadat (10 of 1984), Arts. 49 & 129---Age---National                                  Idemity Card---Admissibility---Presumption     of      authenticity      was   attached to National Identity Card---Original Identity Card produced in a case would be admissible in evidence. [p. 13901 C Qanun-e-Shahadat (10 of 1984)--- ----Arts. 49 & 129(g)----Entries of age in school register---Evidentiary value--:Non-production of author of entries---Effect---Entries about date of birth of a person though admissible in evidence under Art. 49, Qanun-e -Shahadat, 1984, yet those entries would not carry high probative value--Production of author of those entries was although not essential for…
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