Adv Afzal Khan Jadoon delivering lecture at Taxila Bar. Apni evidence kasiy tiyar karwain Final part
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Adv Afzal Khan Jadoon delivering lecture at Taxila Bar. Apni evidence kasiy tiyar karwain Final part
406 просмотров · 2 г. назад
Kanoon360
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406 просмотров · 2 г. назад
Under the Qanoon-e-Shahadat Order 1984 in Pakistan, the process of recording evidence involves several key principles and methods:
Oral Evidence: Testimony given by witnesses or parties directly to the court is considered oral evidence. It's crucial to present facts, events, or any relevant information verbally before the court. The court will then record these statements as part of the evidence.
Examination-in-Chief: This is the initial questioning of a witness by the party that called them. The purpose is to elicit relevant information and facts from the witness that support the party's case.
Cross-Examination: After the examination-in-chief, the opposing party has the right to cross-examine the witness. This process aims to test the credibility, accuracy, or consistency of the witness's testimony. Cross-examination is an essential part of the evidence-gathering process.
Re-Examination: If necessary, the party that initially called the witness can conduct a re-examination to clarify any points raised during the cross-examination.
Documentary Evidence: Under the Qanoon-e-Shahadat Order, documentary evidence holds significant weight. This includes any written or material evidence such as contracts, letters, reports, etc. These documents need to be properly identified and exhibited in court to be considered as part of the evidence.
Recording Testimony: The court records all oral evidence, including witness testimonies, statements, and arguments made by the parties. This recording is transcribed and becomes an official part of the case record.
Oath or Affirmation: Witnesses are required to take an oath or affirm to tell the truth before giving their testimony. This is a fundamental aspect of recording evidence and maintaining its credibility.
Expert Evidence: In cases where specialized knowledge is required, the court may allow expert evidence. Experts provide their opinions or interpretations based on their expertise in a particular field, which can influence the court's decision.
In essence, the recording of evidence in Pakistan under the Qanoon-e-Shahadat Order involves a comprehensive process of presenting oral and documentary evidence, examining and cross-examining witnesses, and ensuring that all testimony is accurately recorded for the court's consideration.