Testimony of scribe could not be equated with an attesting witness

2020 C L C 756 [Peshawar (D.I. Khan Bench)]

                         O.XXXVII, R. 2—Qanun-e-Shahadat (10 of 1984), Art. 79—Summary suit on the basis of pronote—Document, proof of—Procedure—Testimony of scribe—Evidentiary value—Expression “shall not be used as evidence”—Plaintiff did not produce marginal witnesses of the promissory note—Trial Court decreed the suit filed by the …

Qatl-i-amd—Appreciation of evidence—Benefit of doubt—Un-witnessed incident

2020 P Cr. L J Note 67

—-S. 302—Qatl-i-amd—Appreciation of evidence—Benefit of doubt—Un-witnessed incident—Last seen evidence—Contradiction in medical and ocular evidence—Scope—Accused was alleged to have murdered the deceased by causing hatchet blows—Eye-witnesses claimed to have witnessed the murder when they were going on their bicycles along with the deceased; they …

Private complaint, dismissal of—-Revision against order of Judicial Magistrate—Maintainability

P L D 2020 Sindh 94

Private complaint, dismissal of—Revision against order of Judicial Magistrate—Maintainability

Ss. 200, 203, 435 & 439—Private complaint, dismissal of—Revision against order of Judicial Magistrate—Maintainability—Procedure—Held, order having been passed under S.203, Cr.P.C., whereby direct complaint had been dismissed by the Judicial Magistrate without framing a charge …

Public servant taking gratification other than legal remuneration

2014 Y L R 1190  [Sindh]

                            S. 497—Penal Code (XLV of 1860), Ss.161, 420, 468, 471 & 34—Prevention of Corruption Act (II of 1947), S.5(2)—Public servant taking gratification other than legal remuneration in respect of an official act, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, …

Burden in a criminal case | Shifting of burden from prosecution to the accused

                        PLD 2020 Supreme Court 201

                     Prosecution—Burden of proof—Scope—Burden, in a criminal case, to prove the guilt of the accused was always on the prosecution—Court, in the first instance, was to discuss and assess the prosecution evidence, in order to arrive at the conclusion as to whether or not the prosecution …

Default in payment of monthly rent | Refusal of landlord to accept monthly rent

2020 CLC 14 Sindh

              Art.199—Constitutional jurisdiction of High Court—Scope—Concurrent findings of fact—Such well reasoned findings of fact could not be called in question in the constitutional jurisdiction of the High Court unless there was any jurisdictional defect or misreading or non-reading of evidence.

            (b) Sindh Rented Premises Ordinance (XVII of …