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

Section: 30,115

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 30---Admission---Evidentiary value of---Admission sought to be used against plaintiff was a receipt purported to have been executed by brother of plaintiff before Police Authorities, wherein he had acknowledged satisfaction of plaintiff's claim by the defendant---Such receipt having not been signed by the plaintiff, any admissions made therein, would not be binding against plaintiff and could not be used as a piece of evidence against her---Admissions made and documents executed before Police Authorities during pendency of criminal proceedings, however, were usually tainted with an element of coercion and such documents could not be treated as admission having been made with free mind---Plaintiff being a lady and there being no admission on her part, with regard to relinquishment of her claim, admission on part of her brother was of no avail to defendant. (b) Lady--- ---- Transactions with ladies have to be proved with very cogent evidence particularly when those were transactions of receipt or relinquishment. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Concurrent findings of Courts below---No misreading or non ­reading of evidence was pointed out---Courts below could not be deemed to have rendered s and decrees without lawful authority---No interference was warranted in revisional jurisdiction. ORDER Briefly stated facts of the case as disclosed in pleadings of the parties are that Mst. Parveen Akhtar respondent was married to the petitioner. At the time of marriage, respondent was given dowry as per list mentioned in the plaint. It is alleged that subsequently, the respondent was turned out of his house by the petitioner alongwith his three daughters and has failed to return the articles of dowry. Consequently, respondent filed a suit for the recovery of articles of dowry and in the alternative for payment of Rs.17,828 as price thereof. This suit was contested by the petitioner on the ground that the respondent does not have any cause of action to file suit inasmuch as the articles of dowry are in her possession and further that the…

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