Law:

Section:

(a) Qanun-e-Sliahadat (10 of 1984)--Art. 114---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question of promissory estoppel which was specifically pleaded by appellant in her defence written statement as well as in affidavit in evidence filed on her behalf by her son and attorney, who was not cross-examined on the defence plea of promissory estoppel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 2(1)(c) & 132(2)---Witness not cross-examined on a material part of his evidence---Effect--- Inference would be that truth of same was accepted by the other side---Statement of a witness which was material to the controversy of the case particularly stating his case---When not challenged in cross-examination, then such unchallenged statement should be given full credit and usually accepted as true, unless displaced by reliable, cogent and clear evidence. Monir's Law of Evidence 1969 Edo. p. 494; Halsbury's Law of England, III Ed., Vol. 15; para. 801 and C.B. Field's Law of Evidence Vol. 5 11th Ed. para.10 p.4773; Mst. Nazeer Begum v. Abdul Sattar PLD 1963 Kar. 465; Qasim and others v. The State PLD 1967 Kar. 233; Syed Iqbal Hussain v. Mst. Sarwari Begum PLD 1967 Lah. 1138; Muhammad Mujibur Rehman Siddiqi v. Abdul Bari and 3 others PLD 1981 Kar. 537; Muhammad Yasin v. Shabbir Ahmed 1985 CLC 2111; Fida Hussain v. Mst. Anwari Khatoon 1985 MLD 110; Muhammad Ibrahim v. Haji Raza Hussain 1987 MLD 515; Karimuddin Shad v. Mst. Fatima Mian Ahmed 1989 CLC 545; Qamruddin through his legal heirs v. Hakim Mehmood Khan 1988 SCMR 819; A.E.G. Carapiet v. A.Y. Darderian AIR 1961 Cal. 359 and Traders Syndicate v. Union of India AIR 1983 Cal. 337 ref. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts.114 & 132(2)---Omission to cross-examine a witness on a specific point--­Such specific point, however, was rebutted by making suggestions and denying the same in evidence by opposite party---Effect---Overall impression of entire evidence was that omission pointed out by appellant would not amount to acceptance of his plea. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 114---Doctrine of promissory estoppel ---Meaning, scope and import…

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