Evidence Act

  1. S. 59 — All facts, except the contents of documents may be proved by oral evidence. Mst. Rehmat Jan  v.  Muhammad Qasim 1993 SCR 13 (B)
  2. Ss. 64 & 65 — Documents must be proved by primary evidence except in cases mentioned in S. 65 where execution of the documents may be proved by secondary evidence. Mst. Rehmat Jan v. Muhammad Qasim 1993 SCR 13 (C)
  3. Un-attested copy of award list is inadmissible in evidence. Iftikhar Ahmad Khilji  v. Azad Govt. & 7 others 1999 SCR 366 (B)
  4. Section 90 — Old document — Presumption of truth — Held: Document appears perfectly genuine entitles the Court to presume it as genuine document being 30 years old. Muhammad Hanif and 16 others v.  Muhammad Latif Khan and 10 others 2000 SCR 322 (A)
  5. Burden of proof — Deceased-respondent during her life time had denied receipt of remaining amount of dower — Burden of proof of payment was highly on the appellant — To shift the burden of proof of payment to the other side it is the requirement of Evidence Act — That the appellant should have proved his positive assertion and he could not plead that other party did not produce reliable evidence. Muhammad Ashfaq v. Mst. Aqsa & 3 others 2009 SCR 167 (A)
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