Onus of Proof

  1. Issue — Onus of proof — In civil cases the onus to prove an issue did not permanently remain fixed on one party but the moment when some evidence is placed on record by one party then it shifts on the other side. M. Mehrban v. Mst. Rizwana Bibi 2006 SCR 243 (B) PLD 1980 Lah. 145 relied.
  2. In a civil case the onus of proof does not remain fix on one party — The moment some evidence is lead by one party, it shifts on the other side — If the other party fails to produce any evidence in rebuttal, then it shall be deemed that the case of plaintiff has been admitted by the other party. Government of Pakistan v. Abdul Latif & 2 others 2006 SCR 257 (A) PLD 1980 Lah. 45 rel.
  3. The witnesses were summoned by defendants — They gave up witness — It will make no difference because the onus to prove content of Nikah regarding gift of the industry was on plaintiff — The plaintiff has to stand on his own legs and in the instant case it was the basic duty of the plaintiff to prove that at the time of Nikah the industry along with plot and building was gifted to her — She has to produce marginal witnesses of the Nikah or the Nikahkhawan. Mst. Dr. Naseem Firdous v. Mst. Anwar Bi & 7 others 2007 SCR 310 (C)
  4. Where death of a deceased has been admitted by a person but he has claimed that it did not take place in the manner as stated by the prosecution but it took place in some other manner then onus lies upon him to prove as such. M. Khurshid Khan v. M. Basharat  2007 SCR 1 (A) 1969 SCMR 407 relied.
  5. In a civil case the onus of proof does not remain fix on one party. The moment some evidence is lead by one party, then it shifts to other party. Any failure on the part of other party will be deemed as an admission. Khan M. Badar v. Mst. Roshni & Others 2008 SCR 46 (C)
  6. Onus to prove that no relaxation order was passed — According to law if any order regarding relaxation was passed in favour of respondent then it was enjoined upon the respondent to prove that order. Zahida Lal Shah v. Disttrict Education Officer 2008 SCR 55 (A)
  7. —Murder—see Liaquat Jan & another v. Muhammad Ilyas & others 2022 SCR 534 (D)
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