| Citation(s) |
|---|
| 1975 SLG 3166 = 1975 SLD 3166 = 1975 PLD 352 |
Civil Miscellaneous Appeals Nos. 20 and 30 of 1974, decided on 31st May 1974.
Presented By: Tufail Ali A. Rahman, C. J. and Fakhruddin G., Ebrahim, J
Syed Saeed Hassan v. Pyarall Allana P L D 1974 Note 73 at p. 115 ref. Rashid Ahmad v. Barkat Ali P L D 1 968 S C 301 rel. Khalid M. Ishuque for Appellant (in Miscellaneous Appeal No. 20 of 1974 Imam Ali G. Kazi for Appellant (in Miscellaneous Appeal No. 30 of 1974): K. A. Ghani and Jamaluddin H. Ahmad, A. A: G. for
Respondents.
MOHAMMAD USMAN-Appellant
VERSUS
LAL MOHAMMAD AND 12 OTHERS-Respondents
Law: Evidence Act (I of 1872)
Section: 74, 76, 78(6), 82
Law: National and Provincial Assemblies (Elections) Rules, 1970
Section: 65(b), 66
(a) Evidence Act (I of 1872) S. 74-Expression "public document"-Includes documents even of foreign countries. (b) Evidence Act (I of 1872) S. 76-Certified copy-May be given only by public officer having custody of public document-Such copy has to be dated and subscribed by such officer with his name and official title-Certified copy, though bearing signatures yet not purporting to indicate designation of person signing same or indicating to be authorised to act under S. 76, held, not admissible in evidence. (c) Evidence Act (I of 1872) S. 78(6) - Foreign public documents - Certified copy of foreign public document neither bearing seal of a Notary Public nor of a Pakistan Consul or diplomatic agent-Not admissible in evidence Public document originating from foreign country - Could not be proved otherwise than as stated under S. 78(6). (d) Evidence Act (I of 1872) S. 78(6)-Foreign public document-Document notorially attested a photostat copy of original document-Original document inadmis sible, notorially attested photostat copy also inadmissible-Certificate under seal of Notary Public not stating certification of disputed .document by officer having legal custody of original-Notary Public's attestation, in circumstances, amounted to a certificate of having compared photostat copy with document from which same was made Such attestation, held, does not amount to certification under S. 78(6). (e) Evidence Act (I of 1872) S. 82-Admissibility of documents without proof of seal or signa tures-Any piece of paper merely because it purports to be a copy of an entry in a register kept in India-Not admissible in evidence by virtue of provisions of S. 82-Same requirements as Pakistan law insists upon in cases of certified copies apply with as much force in cases of copies obtained from India. (f) Births, Deaths and Marriages Registration Act (VI of 1866) Act, when enacted, although enforced throughout area comprising what is Pakistan and India now, yet what obtains presently in Indict, notwithstanding verbatim sameness of Act, cannot, in eye of law, be considered to be same Act as in force in Pakistan. The Act which is in force in Pakistan no…