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

Section: 2(4) , 78 , 79

  Qanun-e-Shahadat (X of 1984)-- ---Arts.2(4), 78 & 79--Proof of documents--M6de--For proof of documents viz. signatures or handwritings, no specific manner of proof has been laid down by provisions of Art.78, Qanun-e-Shahadat-- Although several modes of proof have come to be judicially recognised, yet the best one is the examination of the person who had signed or written the document--Such modes of proof also include presumptive or circumstantial evidence--Where a document was not duly proved by the person signing the same, but circumstances proved its execution, reliance could be placed on such a document. Abdul Samad v. Govendra Krishna Roy A I R 1925 Cal. 452; Abdool Ali v. Abdoor Rahman 21 Suthar-Lands Weekly Reporter 429; Karali Prosad Dutta v. E.I. Railway Company AIR 1928 Cal. 498; Govardhandas v. Ahmedi Begum AIR 1953 Hyd. 181 and Gammon Pakistan Ltd. v. Pir Khan PLD 1979 Note 113 P. 84 ref. Qanun-e-Shahadat (X of 1984)-- ---Art.129, illus (g)--Presumption--Where best evidence had not been produced by a party, presumption would arise, that if such evidence had been produced, it would have gone against that party. Evidence-- ---Evidence not conforming to pleadings--Admissibility--Evidence in negation of pleadings cannot be entertained--Barring exceptional eases, proof must conform to pleadings. Qanun-e-Shahadat (X of 1984)-- -----Art. 129 (e) Presumption All official acts are deemed to have been regularly performed unless the contrary is clearly established, when alone presumption would stand rebutted. Qanun-e-Shahadat (X of 1984)-- ---Art.98--Presumption of fact--Under provisions of Art.98, Qanun-e-Shahadat Court may presume that a telegraphic message forwarded, corresponds to the one delivered for despatch. Evidence--   ---Burden of proof---Rule of preponderance--Where evidence produced in a case was not as effective and as detailed as it could have been, but was adequate and satisfactory, the rule of preponderance having been satisfied, the burden stood shifted to the opposite party. Taj Bibi v. Syed Ahmad Shah 1989 SCMR 1001 rel. Banker and Customer-- --- Liability of banker to its account-holder--Doctrine of "Lex Situs"…