| Citation(s) |
|---|
| 1999 SLG 1177 1999 SLD 1177 1999 PLD 328 |
Lahore High Court
Civil Revisions Nos. 1178 and 1179 of 1986, heard on 28th April, 1999 .
ALI NAWAZ CHOWHAN, J
Taffazal Hussain Rizvi for Petitioner. Nemo for
Respondent.
Civil Revisions Nos. 1178 and 1179 of 1986, heard on 28th April, 1999 .
ALI NAWAZ CHOWHAN, J
Taffazal Hussain Rizvi for Petitioner. Nemo for
Respondent.
ANAYAT ALI
VS
MUHAMMAD YAQOOB
Law:
Section:
(a) Oaths Act (X of 1873)--- ----S. 8---Special Oath---Question as to whether the party which offered or accepted to abide by oath of the opposite-party could later retract from the agreement depends upon circumstances of each case. (b) Oaths Act (X of 1873)--- ----Ss. 8, 9, 10, 11 & 12---Concept---Oath of a person who does not inspire confidence is of no consequence and once it is established that person taking oath is not a man of no credibility, his oath even if recorded is of no consequence and no heed can be paid to same in any solemn proceedings. An oath is a form of attestation by which a parson signifies that he is bound in conscience to perform an act faithfully and truthfully. Vaughn v. State 1-46 Tex. Cr.R.586; 177 SW 2d 59, 60 ref. Oath is an affirmation of truth of a statement, which renders one wilfully asserting untrue statement punishable for perjury. An outward pledge by the person taking it that his attestation or promise is made under an immediate sense of responsibility of God. A solemn appeal to the supreme being in attestation of the truth of some statement. An external pledge or asseveration, made in verification of statements made, or to be made, coupled with an appeal to a sacred or venerated object, in evidence of the serious and reverent state of mind of the party, or with an invocation to a supreme being to witness the words of the party, and to visit him with punishment if they be false. In its broadest sense, the term is used to include all forms of attestation by which a party signifies that he is bound in conscience to perform the act faithfully and truly. In a more restricted sense, it excludes all those forms of attestation or promise which are not accompanied by an imprecation. Black's Law Dictionary, 6th Edn. ref. An oath was used from early times for securing the fulfillment of any special contract or undertaking by introducing the fear of Divine Wrath, on failure to perform the obligation which the taker of the oath entered into. This use of the oath so as to bind the conscience seems to have been adopted by the Medes and Persians, the ancient Egyptians and Assyrians, by the Greeks, the Romans, the Hindus and the…
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