1981 PLP 955 (CLC)
PIONEER STEEL MILLS LTD.‑Plaintiff Versus MESSRS ANEES CORPORATION ETC.‑Defendants
| Citation | 1981 PLP 955 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Ajmal Mian, J |
| Parties | PIONEER STEEL MILLS LTD.‑Plaintiff Versus MESSRS ANEES CORPORATION ETC.‑Defendants |
| Primary Law | (d) Sale of Goods Act (III of 1930)‑, (a) Evidence Act ( I of 1872)‑, (b) Evidence Act (I of 1872)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 955 (CLC)?
This judgment primarily cites: (d) Sale of Goods Act (III of 1930)‑, (a) Evidence Act ( I of 1872)‑, (b) Evidence Act (I of 1872)‑, (c) Evidence Act (I of 1872)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 955 (CLC)?
The case was heard and decided by the Karachi bench comprising: Ajmal Mian, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 955 (CLC) (PIONEER STEEL MILLS LTD.‑Plaintiff Versus MESSRS ANEES CORPORATION ETC.‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing : 9th April, 1980.
Headnotes / Summary
‑‑‑ S. 114 read with Civil Procedure Code (V of 1908); O. XVI, r. 21‑Presumption from non‑appearance of party as witness-- Defendant completely denying any dealing with plaintiff in respect of transaction in dispute and not coming forward as witness‑No special facts being within his knowledge no adverse inference, held, can be drawn against him.‑[Witness]. ‑‑ S. 103‑Burden of proof‑Witness evasive or unwilling‑Burden of proof of fact, held, not dispensed with and no assumption that witness if not evasive or unwilling would have supported party calling him ‑[Burden of proof]. ‑‑ S. 3‑`Proved'‑Civil proceedings‑Preponderance of proof --Some reliable evidence, held, has to be on record for determining preponderance of evidence or probabilities in order to establish facts in issue‑Preponderance of evidence or probabilities, further held, cannot be weighed on surmises and conjectures.‑[Evidence]. ‑‑‑ S. 61‑Interest on balance of amount‑Simple interest at 9% allowed from date of suit till payment. Gulam Nabi v. Khan Iftikhar Hussain Khan P L D 1962 Lah. 370 rel, Noor Muhammad for Plaintiff. G. H. Malik for Defendants.
Judgment & Decree
‑‑ S. 103‑Burden of proof‑Witness evasive or unwilling‑Burden of proof of fact, held, not dispensed with and no assumption that witness if not evasive or unwilling would have supported party calling him ‑[Burden of proof]. (c) Evidence Act (I of 1872)‑
‑‑ S. 3‑`Proved'‑Civil proceedings‑Preponderance of proof --Some reliable evidence, held, has to be on record for determining preponderance of evidence or probabilities in order to establish facts in issue‑Preponderance of evidence or probabilities, further held, cannot be weighed on surmises and conjectures.‑[Evidence]. (d) Sale of Goods Act (III of 1930)‑
‑‑‑ S. 61‑Interest on balance of amount‑Simple interest at 9% allowed from date of suit till payment. Gulam Nabi v. Khan Iftikhar Hussain Khan P L D 1962 Lah. 370 rel, Noor Muhammad for Plaintiff. G. H. Malik for Defendants. Date of hearing : 9th April, 1980.