Presumptions
Presumptions legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
While interpreting a statute or discovering legislative intent, it is presumed by Court that mistake or absurdity cannot be attributed to Majlis-e-Shoora (Parliament)
No legislation can be interpreted in such a manner which has effect of defeating public interest or protecting personal interests of a few in disregard or derogation of interests of public at large.
National Accountability Bureau (NAB) is not absolved of its responsibility to prove case against accused as presumption of innocence always lies in favour of accused person
Onus shifts only after initial discharge of burden by prosecution.
Courts are allowed under Art.129 of Qanun-e-Shahadat, 1984, to presume existence of any fact, which it thinks likely to have happened with regard to common course of natural events and human conduct in relation to the facts of particular case.
Pre-arrest bail-Presumptions-Concept of pre-arrest bail was based on three presumptions, firstly that the accused was presumed to be innocent until he was found guilty; secondly, that the accused should have a right to prepare his defence and prove his innocence before the Trial Court, and thirdly that accused should not be punished before the finding of conviction rendered by the court.
Filing of ordinary suit based on negotiable instrument in no manner deprived plaintiff of the benefits of statutory presumptions attached to negotiable instrument under S.118 of Negotiable Instruments Act, 1881
All cheques and pay orders i.e. loan amount, were debited/shown in statements of accounts
Loan amount was not only acknowledged by issuing five cheques but also acknowledged the same in writing on stamp papers, which were not only signed and executed by defendants but also attested by Notary Public and Justice of Peace
Averments made in plaint, affidavit-in-ex-parte proof and documents produced by plaintiff in his deposition had gone un-rebutted/un-challenged and plaintiff had fully succeeded to establish his claim against defendants
Suit was decreed in circumstances.
"Presumptions", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124952856
Precedents & Case Laws citing "Presumptions"
2022 C L C 947
EJAZ IQBAL — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents
Court: Lahore (Multan Bench)1999 Y L R 2016
SULTAN MUBARIZ through his Legal Heirs‑‑‑Petitioner Versus GUL MUHAMMAD and another‑‑‑Respondents
Court: LahoreP L D 1991 Lahore 415
DOST MUHAMMAD alias DOOSO — Appellant Versus THE STATE — Respondent
Court: High Court1982 C L C 1712
ALI MUHAMMAD AND 2 OTHERS‑Petitioners Versus HUKAM DAD AND 9 OTHERS‑Respondents
Court: SC(A J & K)P L D 1967 Dacca 199
JALAL AHMAD CHOWDHURY‑Appellant Versus AZIZUR RAHMAN AND OTHERS‑Respondents
Court:1980 CLC216
MUHAMMAD SARWAR AND 4 OTHERS-Appellants Versus EAZAL DIN — Respondent
Court: SC(AJ&K)P L D 1972 Azad J & K 26
GUL ZAMAN‑Appellant Versus SHER ZAMAN AND OTHERS‑Respondents
Court: Ss. 107 & 108‑--Burden of proving death of person‑Presumption of life‑--Intent and object of Ss. 107 & 108‑--Fixation of seven years, a compromise between dictates of reality and Roman concept embodied in maxim: De morte hominis nulla est cunctatio longa (no delay is long concerning the death of a man)‑--Presumption of death under Hindu Law‑Presumption of life under Muhammadan Law‑--Court can make an inference of death even before seven years if evidence warrants such a finding--‑Date of death in such cases is impossible to prove--‑Law does not require any person to do an impossible thing‑Maxims: Impossibilium nulla obligatio est (there is no obligation to do impossible things) Impotentia excusat legem (inability is an excuse in law) Judge to do utmost to find a way out of difficulties obstructing him from doing justice‑I L R 33 Cal. 173; A I R 1920 Lah. 191; A I R 1944 Pesh. 29 and P L D 1957 Pesh. 1 dissented from.2026 C L C 30
SHAUKAT ALI — Appellant Versus ABDUL GHAFFAR — Respondent
Court: Lahore (Multan Bench)P L D 1962 (W
THE STATE Versus ALI MUHAMMAD AND OTHERS
Court:2003 P T D 1516
Messrs HUSSAIN FOOD CORPORATION, MULTAN Versus COMMISSIONER OF INCOME-TAX, MULTAN ZONE, MULTAN
Court: Lahore High Court