NAME: Abdul Wasiu

REGISTRATION: M01025

BATCH: 10 TEN

SUBJECT: LAW OF EVIDENCE

TOPIC: STATEMENTS MADE UNDER SPECIAL

CIRCUMSTANCES
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES:

"Statements made under special circumstances" generally refers to

statements that are made in unique or specific situations that may
affect their admissibility as evidence in court. These special
circumstances can include situations like dying declarations,
statements made by a person who cannot be called as a witness,
statements made in the course of business, or statements made
against interest.

For example, a dying declaration is a statement made by a person

who believes they are about to die and provides information about
the cause or circumstances of their impending death. Such
statements may be considered admissible as evidence, even
though the person who made the statement cannot testify in court.

Statements made in the course of business refer to statements

made in the regular course of business or professional activities,
such as records kept by businesses or official documents. These
statements may be admissible as evidence under certain
conditions.

Statements made against interest are statements made by a person

that are against their own interest, such as admitting guilt or
acknowledging responsibility for an action. These statements may
carry more weight as evidence because they are considered to be
against the person's own interest.

These are just a few examples of statements made under special

circumstances. The admissibility and weight of such statements
can vary depending on the specific laws and regulations of a
particular jurisdiction.

Relevant provisions:

48. Books of account entries when applicable. Books of account

entries that are routinely preserved in the course of business are
significant anytime they make reference to an issue that the court
needs to look into, but they are not enough proof on their own to
hold someone accountable. For example A files a lawsuit against B
for the sum of Rs. 1,000, citing entries in his account books as proof
of B's obligation. Though pertinent, the records alone cannot
establish the debt in the absence of additional proof.

Customer and banker. Entries in the account-holder's account by

the bank claimed that credit entries were made by the bank on the
account-holders' oral directions, deviating from the bank's policy
or procedure. It would then be the Bank's responsibility to
demonstrate that the aforementioned credit entries were made per
the account holder's verbal instructions. The inference would be
that the account holder's account was credited by the bank only
after the bank received the appropriate advice and funds, if the
bank failed to meet its burden of proving the oral instructions.

49. Relevancy of entry in public record made in execution of duty.

A relevant fact is itself any entry made by a public servant
performing an official duty, or by any other person carrying out a
duty specifically mandated by the laws of the nation where the
book, register, or record is kept, in any public or other official book,
register, or record, stating a fact in issue or relevant fact.

The final evidence would be entries in the death register kept up to

date in the normal course of business. In inheritance mutation, the
presumption of correctness of such data will take precedence over
conflicting entries regarding the date of death.9 Death entry
entered in 1918, at a time when the parties were not at odds. The
fact that it has endured since then has increased its evidentiary
significance. Held: There was no justification for lower courts to
disregard a death entry of this nature.1 Permanent entry in 1918's
Register of Deaths. value as evidence. Its evidentiary significance
was increased by its entry in the Register of Deaths, a public
document that has been maintained since 1918.

The High Court's right to intervene in its revisional authority was

justified by the illegality committed by the lower courts in not
considering such entrance. The first register with entries for
deaths. On the surface, this register seemed to have been properly
kept up to date with the normal course of business and included
the deceased individual's entry. Entries in this record were
pertinent in accordance with Qanun-e-Shahadat, 1984, Art. 49.

50. Statements in charts, maps, and plans and their relevance.

Relevant facts are defined as statements of the facts at hand or
pertinent facts included in published maps or charts that are
typically made available for purchase by the public, or in maps or
plans created by the Federal Government or any Provincial
Government, regarding subjects that are typically depicted or
stated in such maps, charts, or plans.
51. Applicability of remarks made about public facts in certain Acts
or notices. Any statement of a fact of a public nature made in a
government notification published in the official gazette, a recital
found in an Act of the Central Legislature, or any other legislative
authority in Pakistan, is a relevant fact when the Court is asked to
make an opinion regarding its existence.

52. The applicability of any law that is mentioned in law books. Any
reference to a law of any nation found in a book claiming to be
printed or published by the government of that nation and
containing that nation's laws, as well as any report of a court ruling
found in a book claiming to be a report of those rulings, are relevant
when the Court is asked to render a decision regarding that
nation's laws.

overseas law. method of evidence. A book ostensibly printed or

published with the approval of the relevant nation's government
and including a summary of the pertinent legislation can be used
to demonstrate the existence of foreign law. An expert can also be
scrutinised because their opinion of a foreign law is also an
important fact.

Amount of a statement that needs to be provided

 53. What proof should be provided when a statement appears in a
letter, document, book, or collection of papers? Evidence may only
be presented of that portion of the statement, conversation,
document, book, or series of letters or papers that the court deems
necessary in that specific case, taking into account the
circumstances and the statement's nature and effect.

This includes statements made as part of longer statements,

conversations, isolated documents, and documents contained in
documents that are part of connected books or series of letters or
papers.

judgments of justice courts where applicable

54. Prior rulings that may prevent a second lawsuit or trial. If a

court is debating whether or not to take up a claim or hold a trial,
it is crucial to consider the existence of any judgements, orders, or
decrees that prohibit the court from doing so.

55. Applicability of specific rulings in the jurisdiction of probate,

etc. The existence of any such legal character, or the title of any
such person to any such thing, is relevant when a final judgement,
order, or decree of a competent Court exercising probate,
matrimonial, admiralty, or insolvency jurisdiction confers or takes
away from any person any legal character, or declares that any
person is entitled to any such character, or to any specific thing, not
as against any specified person but absolutely.

Any legal character that such a judgement, order, or decree confers

accrued at the time that it came into effect; any legal character to
which it declares any such person to be entitled accrued to that
person at the time that such judgement, order, or decree declares
it to have accrued to that person; these records are conclusive
evidence.

that anything to which it declares a person to be so entitled was

that person's property at the time from which such judgement,
order, or decree declares that it had been or should have been his
property; and that any legal character which it takes away from any
such person ceased at the time from which such judgement, order,
or decree declared that it had ceased or should cease.

56. Applicability and impact of rulings, directives, or decrees not

specifically listed in Article 55. Other than those specified in Article
55, judgements, decisions, or decrees are pertinent if they deal
with publicly significant issues; however, they do not serve as
definitive evidence of the content they contain.

Examples

B claims there is a public right of way across the land in B's lawsuit
against A for trespassing on his property, a claim A disputes. Even
though it is relevant, the existence of a ruling in favour of the
defendant in a lawsuit brought by A against C for trespassing on
the same land and in which C claimed to have the same right of way
is not proof beyond a reasonable doubt.

57. Where applicable, judgements and other decisions not

specifically listed in Articles 54 to 56. Other than those specified in
Articles 54, 55, and 56, judgements, orders, or decrees are
irrelevant unless their existence is a fact in dispute.
Examples

(a): A and B sue C separately for libel that they believe disparages
both of them; in each case, C responds that the stuff that is allegedly
libellous is true and that the circumstances are such that it is likely
accurate in both cases, if not both. A wins a decree for damages
against C on the grounds that C was unable to provide sufficient
reason. When it comes to B and C, the fact is unimportant.

(b) A brings charges against B for having an adulterous

relationship with A's wife, C. Although B disputes that C is A's wife,
the court finds B guilty of adultery. When C is later charged with
bigamy for marrying B while A was still alive, C claims that she was
never A's wife. As with C, the ruling against B is meaningless.

(c) B is found guilty after A brings charges against him for stealing
a cow. Following his conviction, A sues C for the cow that B had sold
to him. Regarding A and C, the ruling against B is unimportant.

(d) A has secured a decree against B for the possession of land. B's
son C consequently kills A. The judgment's existence is significant
since it demonstrates the criminal's motivation.

(e) A faces theft charges in addition to a prior theft conviction. The

prior conviction is pertinent to the circumstance at hand.

(f) A is put on trial for B's murder. Under Article 21, it is important
and serves as evidence of the motivation behind the fact in
question that B brought libel charges against A, and that A was
found guilty and given a punishment.
58. It is possible to prove incompetence of the court, fraud, or
collaboration in obtaining a judgement. Any party to a lawsuit or
other procedure may demonstrate that any judgement, order, or
decree that is relevant under Articles 54, 55, or 56 and that the
other party has proven was delivered by a court that lacked the
necessary authority to deliver it, or that it was obtained via
deception or conspiracy.