Qanun-e-Shahadat Order , 1984. THE QANUN-E-SHAHADAT ORDER, 1984 [P.O. NO. 10 OF 1984] ____________ [Gazette of Pakistan, Extraordinary, Part I,] 28th October, 1984, pp. 587-642] No. F. 17 (2)/84-Pub. — The following Order made by the President on the 30th 1405 (26th October, 1984), is hereby published for general information: — WHEREAS it is expedient to revise, amend and consolidate the law of evidence so as to bring it in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah; NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order: – PART I RELEVANCY OF FACTS CHAPTER I PRELIMINARY 1. Short title, extent and commencement. (1) This Order may be called the Qanun-e-Shahadat , 1984. (2) It extends to the whole of Pakistan and applies to all judicial proceedings in or before any Court, including a Court martial, a Tribunal or other authority exercising judicial or quasi-judicial powers or jurisdiction, but does not apply to proceedings before an arbitrator. (3) It shall come into force a once. COMMENTARY Provisions of Qanun-e-Shahadat apply to proceedings before any Court, Court martial, a Tribunal or other authority exercising judicial or quasi-judicial powers. Qanun-e-Shahadat, however, does not apply to proceedings before an arbitrator. Deputy Commissioner and Tribunal under Criminal Law (Special Provisions) Ordinance (II of 1968) are “Tribunals” within meaning of Art. I. Proceedings before them are governed by provisions of Order/1984. 2. Interpretation. (1) In this Order, unless there is anything repugnant in the subject or context,— (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence;
the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when which license was given. COMMENTARY A person entering premises as tenant cannot be permitted to deny that status as estoppel under Art. 115 would operate and principle “once a tenant always a tenant” would apply.4 Once a tenant always a tenant. Tenant having been inducted as a tenant cannot claim adverse to what was acquired by him in a lawful manner. Tenant’s claim that he had acquired title through sale having not been established, no period of limitation would stand against owners to seek declaration of title against such person.5 Tenancy of land once entered upon would continue until determined in accordance with requirement of law.6 116. Estoppel of acceptor of bill of exchange, bailee or licensee. No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailer or licensor had, at the time then the bailment or license commenced, authority to make such bailment or grant such license. Explanation 1. The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. Explanation 2. If a bailee delivers the goods bailed to a person other than the bailer, he may prove that such person had a right to them as against the bailor. PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER IX OF THE BURDEN OF PROOF 117. Burden of proof. (1) Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. (2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts, and which B denies be true.