Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Stamp Act (II of 1899)--S. 36--Constitution of Pakistan (1973), Art. 185(3)--Document once accepted and admitted into evidence without objection--Effect--Leave to appeal was granted to consider that the conclusion of High Court that the document exhibited in Court was insufficiently stamped was based on erroneous consideration, for the document wits properly stamped in accordance with provisions of Stamp Act which was applicable to relevant area; and in any case once the document was accepted and admitted in evidence without objection, it could not be challenged later on for being insufficiently stamped for the collection of revenue is no concern of the party. (b) Qanun-e-Shaliadat (10 of 1984)-- ---Art. 76--Secondary- evidence; admission of-Trial Court competent to ,, determine whether sufficient grounds have or have not been made out, for the admission of secondary evidence is a question properly to be decided by the Court and is to be treated as depending very much on its discretion--Trial Court's conclusion on that point not to be overruled by Appellate Court except in a clear case of miscarriage of justice. Chuha Mal v. Rahim Bakhsh A I R 1924 Lah. 303 ref. (c) Transfer of Property Act (IV of 1882)-- ---S. 54--Stamp Act (II of 1899), S. 36--Qanun-e-Shahadat (10 of 1984), Art. 76-­Mode of proof of document--Where no objection is taken in the Court of first instance to the reception of a copy of document in evidence, it is not within the province of Appellate Court to raise or recognize such objection in appeal. Abdullah and others v. Abdul Karim and others P L D 1968 S C 140 and Gopal Das v. Shri Thakurji A I R 1943 P C 83 ref. (d) Transfer of Property Act (IV of 1882)-- ---S. 54--Sale-decd--Consideration for sale being less than rupees one hundred, such instrument was not compulsorily register able and could be admitted in evidence. (e) Transfer of Property Act (IV of 1882)-- ---S. 54--Qanun-e-Shahadat (10 of 1984), Art. 102--Principle of exclusion of oral by documentary evidence when attracted/not attracted--Sale-deed of the value of less than rupees one hundred was not required to be reduced in writing--Where, however, such document was reduced in…

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