PLJ 2021 SC 384
[Appellate Jurisdiction]
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Arts. 38, 59, 71, 72, 75, 76, 79 & 88--Relevancy and admissibility--Principles of law of evidence as to what material is relevant; when it is admissible; how it is to be proved and finally how its evidentiary value is determined--Expression relevancy and admissibility have their own distinct legal implications under Qanun-e-shahadat order--A fact is “relevant” if it is logically probative or dis-probative of fact in issue, which requires proof--A fact is “admissible” if it is relevant and not excluded by any exclusionary provision, express or implied--A relevant fact would be admissible unless it is excluded from being admitted or is required to be proved in a particular mode.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Arts. 70 & 89--Relevant and admissible--A relevant and admissible fact is admitted as a piece of evidence, only when same has been proved by party asserting same.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Documentary evidence--Admissibility of a document--Objection of--An objection as to inadmissibility of a document can be raised at any stage of case.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Arts. 59 & 71--Mode of proof--When Qanun-e-shahadat provides only one mode of proving a relevant fact and that mode is not adopted or when it provides several modes of proving a relevant fact and none of them is adopted, such a case falls within purview of absence of proof and not mode of proof.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Evidentiary value--Evidentiary value or in other words, weight of evidence, is actually a qualitative assessment made by trial judge of probative value of the proved fact.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Art. 76--Certified copy of a document--Court has to first consider and resolve question, whether loss of original document has been proved and if finds it so proved then to move on to examine intrinsic worth of secondary evidence produced.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Art. 76--Public document & private document--Once execution of a registered document is disputed it does not remain a public document and becomes a private document therefore, any form of its secondary evidence including its certified copy cannot be produced in evidence to prove its existence, condition or contents without complying with requirements of article 76 of QSO.
Contract Act, 1872 (IX of 1872)--
----S. 182--Power of attorney--For a valid power of attorney, it must expressly provide with particulars not only scope and extent of delegated power but also subject matter of delegation; an attorney cannot assert any inherent or implied powers.
Contract Act, 1872 (IX of 1872)--
----S. 182--A power of attorney must clearly set out purpose for which same was executed.
Transfer of Property Act, 1882 (VI of 1882)--
----S. 54--Sale and gift deed--Immoveable property--Petitioner failed to prove not only transfer of possession but also transfer of sale consideration--Petitioner also failed to satisfy about her financial capacity to pay settled sale consideration--Only attorney under disputed power of attorney appeared on his behalf before revenue officer--Sanction of disputed mutations is also found invalid and of no legal effect--When admissibility, proof and evidential value of disputed power of attorney, very foundation of disputed mutations and gift deed is in serious peril, expecting for superstructure built thereon to withstand legal challenge would be jurisprudentially naïve--concurrent findings of three courts below as to invalidity of sale and gift of disputed property in favour of petitioner--Leave to appeal was dismissed.
Qanun-e-Shahadat Order, 1984 (10 of 1984)--
----Arts. 123 & 124--Art. 123 where a person is shown to have been alive within thirty years, burden of proof is on party that seeks to prove contrary--Burden of proof shifts on party that claims that person not heard of for seven years is alive--Petition was dismissed.
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