QANOON-E-SHAHADAT ORDER MCQS

1. The Qanun shadat order is the President’s order 10 of 1984.

2. QSO has repealed the evidence act 1872.
3. Under Article 1 , QSO applies to all courts and tribunals except before
an Arbitrator.
4. Article 2 relates to interpretation clause.
5. Document means any matter expressed or described upon any
substance by means of letters, figures or marks.
6. All the statements which the court permits or requires to be made
before it by witness , in relation to matters of fact under inquiry , such
statements are called oral evidence.
7. All the documents produced for the inspection of Court are called
documentary evidence.
8. Facts, includes anything , state of thing , or relation of things capable
of being perceived by senses, and any mental condition of which any
person is conscious.
9. Fact in issue includes any fact from which either by itself or in
connection with other facts , the existence or non-existance nature of
extent of any right , liability or disability asserted or denied in any suit or
proceedings necessarily follows.
10. Under Article 3 , all persons are competent to satisfy , who
understand the question and give rational answers unless they are
prevented by tender years, extreme old age, disease of body or mind.
11. A lunatic is not incompetent unless his lunacy is prevented by his
lunacy from understanding the questions put to him.
12. Under Article 4, no judge or magistrate can be compelled to answer
as to his own conduct as a judge or anything in his knowledge as a
judge.
13. Under Article 5, no person who is married to other, can be
compelled to answer anything, nor he be permitted unless consent is
given.
14. Under Article 6, no person shall be permitted to give any evidence
derived from any unpublished official record relating to any affairs of
state, except with the permission of officer of Court.
15. official records of affairs of state includes documents concerning
industrial or commercial activities carried on, directly or indirectly by
fedral govt or provincial govt or any statutory body.
16. Under Article 7, no person shall be compelled to disclose official
communication made to him in official confidence.
17. Under Article 8, no magistrate of police officer shall be compelled to
say whence he got any information as to commission of offence and no
revenue officer shall be compelled as well.
18. Under Article 9, no advocate shall be permitted to disclose any
communication made to him by his client during his employment and
even after ceasing of employement .this shall under article 10, apply to
interpreters , clerks or servants of advocates.
19. Under Article 13, no witness who is not a party to suit be compelled
to produce his title deed to any property or any document which he holds
it as a pledge or mortgagee or production of any document which might
tend to incriminate him unless he has agreed upon it.
20. Under Article 15, no witness be excused from answering on ground
that answer will criminate him.
21. no such answer shall be proved against him except to prosecute by
giving false evidence.
22. Under Article 16, an accomplice shall be a competent witness
against an accused person except in the case of offence punishable with
Hadd.
23. An accomplice means a person who has taken part in the
commission of offence either directly or indirectly.
24. The competency and number of witnesses is provided in Article 17
of the Constitution of Pakistan.
25. under Article 17, the competence and number of witnesses shall be
determined in accordance with the injunctions of Holy Quran and
Sunnah.
26. In matters pertaining to financial obligations, the instrument shall be
attested by two men or one man and two women.
27. In all other matters, the court may accept the testimony of one man
or one women.
28. Evidence has to be weighed and not counted.
29. Principle of purgation or tazkiyate shuhood is only applicable in
hudood cases and nothing to do with tazir cases.
30. Under Article 18, evidence may be given of facts in issue and
relevant facts.
31. Res- gestae means a fact which though not in issue is so connected
with the fact in issue as to form part of same transaction. Res-gestai is a
matter incidental to the main fact and explanatory of it.
32. Under Article 20, facts which are occasion , cause or effect of facts
in issue or relevant facts which constitutes the state of things under
which they happened or which afforded an opportutnity for their
occurance or transaction are relevant.
33. Under Article 21, any fact is relevant which shows or constitutes a
motive or preparation for any fact in issue or relevant fact is a relevant
fact.
34. The conduct of any party or of any agent to any party to any suit or
proceedings , or any reference to any fact in issue is relevant.\
35. Under Article 22, facts necessary to explain or introduce relevant
facts are relevant.
36. The question is whether a given document is the will of A.The state
of A,s property and his family at the date of Alleged will may be
relevant facts.
37. Identification parade is provided under Article 22 of Qanun shahadat
Order.
38. Under Article 24, facts not other wise relevant becomes relevant , if
they are inconsistent with any fact in issue or relevant fact and if in
connection with other facts they make the existence or non-existance of
any fact in issue or relevant fact highly probable or improbable.
39. The Question whether A committed crime on Friday at peshawer .
the fact that on Friday he was at Quetta is a relevant fact.
40. Under Article 25, in suit for damages facts tending to enable court to
determine amount are relevant.
41. Under Article 26, facts are relevant when right or custom is in
question.
42. Under Article 27, facts showing the existence of state of mind , or
body , or bodily feelings , such as intention , knowledge, good faith
negligence, rashness are relevant when the existence of any such thing is
fact in issue or relevant.
43. Admission is defined under Article 30 of QSO, which means a
statement, oral or documentary, which suggests any inference as to any
fact in issue or relevant fact, and which is made by any of the person .
44. Admission can be relevant but it is not a conclusive proof of fact
which can be proved to be incorrect or to have been erroneously made.
45. Admission of one person is not binding on another person.
46. Under Article 31 , statements made by a party to the proceedings, or
by an agent to any such party authorized by him to make such
admissions are admissions.
47. Statements made by parties to suits suing or sued in a representative
character are not admissions unless they were made while the party
making them held that character.
48. Admissions made by a party having interests in property are
admissions if they are made in the continuance of the interest of persons
making statements.
49. Admissions of a party in earlier litigations cannot be used in
subsequent proceedings .
50. Under Article 33 , the statements made by persons to whom a party
to suit has expressly reffered for information in reference to matter in
dispute are admissions.
51. The question whether a Horse sold by A to B is sound . A says to B :
Go and ask C ; C knows all about it . C,s statement is an admission.
52. Under Article 34 , admission can be proved by or on behalf of
person making it , if it is relevant otherwise as an admission.
53. Under Article 35, oral admissions as to the contents of document are
not relevant, unless and until the party proposing to prove them shows
that he is entitled to give secondary evidence of the contents of such
document.
54. Under Article 36, In civil cases no admission is relevant , if it is
made with the express condition that evidence of it is not to be given.
55. Under Article 37, a confession made by the accused is irrelevant , if
it appears to the court that it has been induced by some threat, or
promise or inducement.
56. Retracted confession is immaterial once it is found that it was
voluntarily as well as true.
57. Extra judicial confession is the weak type of confession and it cannot
be relied without any independent corroboration.
58. Under Article 38, no confession made to a police officer be proved
as against the accused person.
59. Under Article 39, confession made by the accused person while in
the custody of police is inadmissible, unless it is made in the presence of
a magistrate.
60. Under Article 40, only to such extent of the discovery made on the
information of accused , by the police be proved as confession.
61. Confession made before police officer is not admissible, but Article
40 is an exception to Article 37, and 39.
62. Under Article 41 , if the confession is made after the removel of an
impression of threat, inducement and promise , becomes relevant.
63. Under Article 42, if a confession is otherwise relevant, it doesnot
become irrelevant merely because it was made under a promise of
secrecy , or when he was drunk, or it was made in answer to questions
which he need not have answered or because he was not warned that he
was not bound to make such confessions .
64. Under Article 43, when more than one persons are jointly tried for an
offence and one of them make confession, such confession is a proof
against the person making it , and the court may take into consideration
such confession as circumstantial evidence against other person.
65. Under Article 44, all the accused persons , including an accomplice ,
shall be liable to cross-examination.
66. Under Article 45, admissions are not conclusive proof , but thay
may operate as estoppels .
67. Under Article 46, statements , oral or written of relevant facts made
by a person who is dead , or who cannot be found are themselves
relevant facts 1.) when it relates to the cause of death. 2) or when made
in the course of business . 3) or when made against the interest of maker
4). Or gives opinion as to public right or customs, or matters of general
interest.
68. Dying declaration is a statement made by a person as to the cause of
death or as to the circumstances of transaction resulting in his death.
69. Dying declaration is a substantive piece of evidence and is an
exception to the hearsay rule.
70. Dying declaration is a weaker type of evidence which needs
corroboration.
71. Under Article 46-A , statements in the form of electronic documents
generated , received, or recorded by an automated system while it is in
working order , are relevant.it can be considered as a primary evidence.
72. Article 47 provides that, the evidence given by a witness in a judicial
proceedings is relevant in a subsequent proceedings or at later stage in
same proceedings , if the proceedings were between the same parties and
same question was in issue in former proceedings.\
73. Under Article 48, enteries in the books of account are relevant when
kept in the course of business .
74. Under Article 54, the judgment, order or decree which by law
prevents a court from taking cognizance of a suit or holding a trial is
relevant fact when the question is whether such court ought to take
cognizance or not.
75. Judgement in REM means any judgement wherein any question of
law has been decided.
76. A sues B for trespass on his Land , B alleges the existence of a
public right of way over the Land , which A denies.
The existence of a decree in favour of defendant , in a suit by A against
C for a trespass on the same Land , in which C alleged the existence of
same right of way , is relevant, but not the conclusive proof that the right
of way exists.
77. The opinion of experts under Article 59 of QSO are relevant facts.
, the usage of particular words in a district or by a class of people is
relevant.
78. The question whether A is a legitimate son of B. the fact that A was
always treated as such by members of family, is relevant.
79. Under Article 66, in civil cases , the conduct of an individual is
irrelevant unless it is a fact in issue.
80. Under Article 67, In criminal cases, the fact that that the accused
person is of a Good Character is relevant.
81. Under Article 68, in criminal proceedings , the fact that the accused
person has a bad character is irrelevant, unless it is given in reply to the
statement that he has a good character.
82. In criminal proceedings , a previous conviction is relevant as to the
evidence of Bad character.
83. The word character includes both reputation and disposition.
84. Under Article 69, In civil cases , the fact that the character of any
person is such as to effect the amount of damages which he ought to
receive is relevant.
85. Article 70, provides that, all facts except the contents of documents
may be proved by the oral evidence.
86. Under Article 71, Oral evidence must in all cases whatever be
direct.
87. if a witness is dead or is uncapable to be produced without delay,
then the parties shall have right to produce SHAHADAH ALA
SHAHADAH , by which a witness can appoint two witnesses to depose
on his behalf , except in case of Hudood.
88. Article 72 provides that: oral evidence of a document must be proved
either by primary or secondary evidence.
89. Under Article 73 of QSO, Primary evidence means the document
itself produced for the inspection of the Court.
90. Where a document is produced in several parts, each part is
considered as a primary evidence of the document.
91. where a number of documents are all made of uniform process , as
in case of printing , lithography or photo graphy , each is a primary
evidence of the contents of the rest, but where they are all the copies of a
common original , they are not primary evidence of the contents of
original.
92. All prints out and other generated automated information system be
treated as primary evidence.
93. Under Article 74, secondary evidence means certified copies , copies
made from original by mechanical process, copies made from or
compared with original , counter parts of the documents as gainst the
party who did not execute them, or oral accounts of a the contents of
document given by some person who has seen it himself.
94. A photograph of an original is the secondary evidence of its
contents, if it is proved that the thing photographed was original.
95. Under Article 75, documents must be proved by the primary
evidence.
96. Under Article 76, secondary evidence of a document may be given
of the existence, condition, or contents of document, when the original is
lost or is hown to be in the possession of other party, or is in bulk and
cannot be produced or is not movable due to weight.
97. Under Article 85, public record kept in Pakistan of private documts
are public douments.
98. judicial, executive or douments required to be maintained by the
public servant under any Law and registered documents the execution
whereof is not required are public documents.
99. Under Article 86, all other documents are private documents.
100. Under Article 88, certified copies of public document may be
produced in proof of the contents of public documents.
101. Under Article 100, when any document purporting or proved to be
thirty years old is produced from any custody which the court in a
particular case considers proper, the court may presume that the
handwriting, signatures are are executed by that person.
102. where there are more originals, one original need to be proved.
103. If a contract be in several letters, all the letters in which it is
contained must be proved.
104. If a bill of exchange is drawn in a set of three , only one need to be
proved.
105. No evidence can be given in the proof of disposition of property
except document itself or secondry evidence of its contents.
106. Under Article 103, when the terms of any contract, grant or any
matter required by Law to be reduced in form of document, then no
evidence of any such oral agreement shall be admitted .
107. A policy of insurance is effected on goods ;; in ships from Karachi
to London :: the goods are shipped in a particular ship which is lost. The
fact that the particular ship was orally excepted from policy cannot be
proved.
108. A agrees absolutely in writing to pay B rs.1000 on 1st march
1984.The fact that at the same time an oral agreement was made that
money should not be made before 30th march, cannot be proved.
109. A sells to B by deed ;; my house in Rangpur containing 100
Bighas;; . A has an estate at Rangpur containing 100 Bighas. Evidence
may not be given of the fact that the estate meant to be sold was one
situated at the different place and of a different size.
110. A sells to B by deed; my House in Karachi ; .A has no house in
Karachi, but it appears that he had a house at kemari , of which B had
been in possession since the execution of Deed..
These facts may be proved to show that the deed related to the house in
Kemari.
111. A agrees to sell to B , for 1000 ;; my white horse :: .A has two
white horses . Evidence may be given of facts which shows which of
them was meant.
112. Under Article 109, persons who are not party to agreement or their
representative in interest, may give evidence of any fact tending to show
a contemporaneous agreement varying the terms of agreement.
113. Under Article 113, no fact which court will take judicial notice
need be proved.
114. Under Article 113 , facts which are admitted need not to be proved.
115. Doctrine of ESTOPPEL is incorporated in Article 114 of QSO.
116. Rule of Estoppel prevents a party from saying anything inconsistent
in successive actions and prevent a party from saying anything which
would contradict his own previous act.
117. Rule of Estoppel has nothing to do with criminal proceedings.
118. Under Article 117, Burden of proof lies on a person regarding the
existence of certain facts , who asserts it.
119. Under Article 119, burden of proof of a particular fact lies on that
person who believes the existence of a particular fact.
120. Under Article 123, when the question is whether a person is alive or
dead , and it is shown that he was alive within 30 days, the burden of
proving that he is dead is on the person who affirms it.
121. Under Article 126, when the question is whether any person is
owner of anything of which he is shown to be in possession, the burden
of proving that he is not the owner is on the person who affirms that he
is not the owner.
122. Under Article 127, when there is a question as to the good faith of a
transaction between the parties , the burden of proving the good faith of
the transaction is on the party who is in a position of active confidence.
123. When the ggod faith of a sale by a client to an advocate is in
question in a suit brought by the client . The burden of proving the good
faith of transaction is on advocate.
124. Article 128 has provided the conclusive proof of the legitimacy of
Birth.
125. The fact that any person was born during the continuance of a valid
marriage between his mother and any person and not earlier than 6 lunar
months from the date of marriage and 2 years after the dissolution of
marriage , the mother remains unmarried, unless the husband has refused
or refuses to own child and the child was born after the expiration of six
lunar months from the date on which the women had accepted that the
period of iddat has come to an end.
126. Under Article 129, the court may presume the existence of a certain
facts according to the circumstances of the case.
127. Article 130 states that , the judge is to decide the admissibility of
evidence.
128. Under Article 132, the examination of a witness by a party who
calls him shall be called his examination in chief.
129. Under Article 132 (2 ) , the examination of a person by the Adverse
Party shall be called his cross-examination.
130. Under Article 133, the examination and cross examination must
relate to the relevant facts, but the cross examination cannot be confined
to the facts to which the witness testified on his examination-in chief.
131. Under Article 134, a person summoned to produce a document does
not become a witness by a mere fact that he produces it, and cannot be
cross-examined unless and until he is called as a witness.
132. Under Article 135, witness to character may be cross-examined and
re-examined.
133. Under Article 137, leading question is defined as any question
suggesting to answer which the person putting it wishes or expects to
receive is called a leading question.
134. Under Article 137, leading questions must not be asked in
examination in chief or re-examination, except with the permission of
court.
135. Under Article 138, leading questions may be asked in cross-
examination.
136. A witness may give oral evidence of the statements made by other
persons about the contents of documents if such statements are in
themselves relevant facts.
137. Under Article 141, when a witness is cross-examined , he may be
asked any question which tend to test his veracity, to discover who he is
and what is his position in life, or shake his credit , by injuring his
character.
138. An advocate is instructed by his attorney that an important witness
is a dakait, this is a reasonable ground for asking the witness whether he
is dakait.
139. A witness whom nothing is known , is asked at random whether he
is a dakait . there are here no reasonable grounds for the question.
140. Under Article 148, the court may forbid any question which
appears to it to be intended to insult or annoy , or which though proper
in itself , appears to the court needlessly offensive in form.
141. A claim against a underwriter is resisted on the grounds of
fraud .the claimant is asked whether , in a former transaction , he had not
made a fraudulent claim .he denies it . evidence is offered to show that
he did make such a claim . The evidence is in-admissible.
142. A witness is asked whether he was not dismissed from a situation
for dishonesty . he denies it. Evidence is shown that he was dismissed
for dishonesty. The evidence is not admissible.
143. A affirms that on a certain day, He saw B at Lahore . A is asked
whether he himself was not on that day at Faisalabad. He denies it .
Evidence is offered to show that he was at faisalabad on that day . The
evidence is admissible.
144. Under Article 151, the evidence of a witness may be impeached ,
by the proof that a witness has been bribed and by the proff that his
previous statements inconsistent with any part of evidence which is
liable to be contradicted.
145. Under Article 152, Question tending to corroborate the evidence of
a relevant fact is admissible.
146. Under Article 153, former statements of a witness related to the
same fact at or about the time when the fact took place may be proved to
corroborate the later testimony as to same fact.
147. Under Article 155, any witness may refresh his memory by
referring to any writing made by him at the time of transaction .
148. Under Article 161, the judge may ask any question from any party
related to the relevant facts.
149. Under Article 163, when the plaintiff takes oath in support of his
claim, the court must call defendant to deny the claim on oath.
150. Under Article 164, the court may may allow any evidence that may
have become available because of modern devices or techniques.
151. Under Article 164, the conviction on the basis of modern devices or
techniques may be lawful.
152. The evidence act (I of 1872 ) , is hereby repealed.
153. QSO contains 166 articles in total.