- U/Ss. 8 & 11 — The word ‘evidence’ has been used — In civil matters the provisions contained in C.P.C. are to be followed — Under the provision of C.P.C. the evidence is to be recorded in writing — Held: The High Court should decide the dispute after recording the statement of contesting respondent on special oath — Case remanded. Mushtaq Ahmed & 4 others v. Custodian Evacuee Property AJ&K & 11 others 2003 SCR 431 (B)
- Sections 8,9,10 &11 — disposl of lis on — oath — u/s 8 when an offer is made by a party that if other party takes oath then the Court may decide the matter on oath — u/s 9 the Court may ask the party or the witness whether he is ready to take oath as proposed by the other party and u/s 10, if the other party accepts the offer then the Court may administer oath u/s 10 and u/s 11, such oath shall be an evidence and conclusive proof against the person who made an offer. Basharat Hussain v. Zohra Tabassum 2016 SCR 1397 (E)
- Section 12 — Statement on oath — liberty to make — under the provisions of section 12 of the Oaths Act, 1973, no doubt, a party cannot be compelled for making oath but this provision does not prohibit a party for volunteering itself to make statement on oath. Nazish Shabir v. Basit Iqbal Khan & another 2015 SCR 400 (A)
- Once the offer has been accepted by the parties they cannot wriggle out from such accepted offer as the same would be an agreement of binding nature — The principle of approbate and reprobate would be applicable with full force. Khadam Hussain v. M. Azam Sati 2006 SCR 333 (C)
- Oath — effect of acceptance of offer — deemed as agreement — party cannot resile — where one party makes an offer to the other party to take oath and the opposite party accepts such offer, this is an agreement between the parties– The party cannot resile from the offer when oath is taken by the party. Basharat Hussain v. Zohra Tabassum 2016 SCR 1397 (F) I991 PSC 148 rel.
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