| Citation(s) |
|---|
| 2001 SLG 3013 = 2001 SLD 3013 = 2001 YLR 51 |
Lahore High Court
Civil Revision No. 285 of 2001, heard on 17th May, 2001.
Presented By: Ch. Ijaz Ahmad, J
Sh. Naveed Sheharyar for Petitioner. Shahzad Shaukat for
Respondents.
Civil Revision No. 285 of 2001, heard on 17th May, 2001.
Presented By: Ch. Ijaz Ahmad, J
Sh. Naveed Sheharyar for Petitioner. Shahzad Shaukat for
Respondents.
KABOOL KHAN Petitioner
VERSUS
SHAMOON through Legal Heirs and another‑‑‑Respondents
Law: Qanun-e-Shahadat (10 of 1984)
Section: 114, 72, 86, 88
Law: Criminal Procedure Code (V of 1898)
Section: O. XIII, R.4, 115
(a) Qanun‑e‑Shahadat (10 of 1984) Art. 114‑‑‑ Estoppel‑‑‑ Applicability‑‑ Where despite the opportunity given by Court, a party did not produce any evidence to rebut a document, such party was estopped to object such document on the principle of estoppel and wavier. Ghulam Rasul's case PLD 1971 SC 376 and Muhammad Bashir's case 1986 MLD 2759 ref. (b) Qanun‑e‑Shahadat (10 of 1984) Art. 72‑‑‑Document, proof of‑‑‑Failure to produce author of the document in Trial Court‑‑‑Such failure not objected to at the relevant time‑‑‑Effect‑‑‑Where the document was received in evidence without any objection, no exception could be taken to the said document merely for the reason that the author of the document was not examined. Malik Din and another's case PLD 1969 SC 136; Faizyab Ali Khan's case 1982 SCMR 358 and N.B.P. v. Syed Mir 1987 CLC 1103 ref. (c) Civil Procedure Code (V of 1908) O. XIII, R.4‑‑‑Document received without objection‑‑‑Effect‑‑‑Such a document is admissible in evidence by virtue of O.XIII, R. 4, C. P. C. Mangha's case 1992 MLD 2170 ref. (d) Qanun‑e‑Shahadat (10 of 1984)‑‑‑ Arts. 86 & 88‑‑‑Document‑‑‑Attested copy of document‑‑‑Where a document is not a public document attested copy of such document is not admissible in proof of certain /act. Tarkeshawar Parshad Tawari 'v. Denendra Prasad Tewari 1992 IC 184 ref. (e) Evidence Finding based upon inadmissible evidence‑‑‑Court would not only be justified in excluding such piece of evidence from consideration but the same would be the proper course for it to do. Messrs Formost Trading Company's case PLD 1988 Kar. 131 ref. (f) Qanun‑e‑Shahadat (10 of 1984) Art. 132‑‑‑ Cross‑examination‑‑‑ Specific assertion, failure to cross‑examine ‑‑‑Effect‑‑ Where a specific assertion made by witness material to the controversy of the case is not challenged in cross‑examination by putting contrary suggestions then the same is to be given full credit and be accepted as true unless displaced by reliable, cogent and clear evidence. Mst. Noor Jehan Begum's case 1991 SCMR 2300 and 'Luqman's case 1985 CLC 2327 ref. (g) Civil Procedure Code (V of 1908) S. 115‑‑‑Revision‑‑‑Finding…