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Characteristics

Characteristics legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2026 CLC 520 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Arts.17 & 79Disputed document/instrument, execution ofValidity, proof and admissibility of a disputed documentTwo attesting witnesses, production ofMandatory requirementEssence and significance statedConsequence of non-production of two attesting witnessed highlightedThe attestation and execution both have distinct characteristics

The execution of document attributes signing in presence of attesting witnesses including all requisite formalities which may be necessary to render the document valid

While the fundamental and elemental condition of valid attestation is that two or more witnesses signed the instruments in presence of the executants

This stringent condition mentioned in Art.79 of the Qanun-e-Shahadat, 1984 is uncompromising

So long as the attesting witnesses are alive, capable of giving evidence and subject to the process of Court, no document can be used in evidence without the evidence of such attesting witnesses

The provision of this Article is mandatory and noncompliance will render the document inadmissible in evidence

If the execution of a document is specifically denied, the best course is to call the attesting witnesses to prove the execution

When the evidence brought forward by a party to prove the execution of a document is contradictory or paradoxical to the claim lodged in the suit, or is inadmissible, such evidence would have no legal sanctity or weightage.

2017 PLD 28 SUPREME-COURT Judicial Precedent
Characteristics

Payment/contribution would qualify as a fee if it was for specific purpose and possessed the element of quid pro quo.

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Precedents & Case Laws citing "Characteristics"

MLD 2010
2009-December-16

2010 M L D 692

Mian KASHIF MAHMOOD-UL-HASSAN — Petitioner Versus JUDGE FAMILY COURT, KAROR and 2 others — Respondents

Court: Lahore
PLD 1994
Civil Revision No.3 of 1992, decided on 13th October, 1993.

P L D 1994 Karachi 252

Mst. NUSRAT KHANUM‑‑‑Applicant Versus LIAQAT ALI ‑‑‑Respondent

Court:
SCMR 2013
Civil Appeal No.390-L of 2011, decided on 21st March, 2013.

2013 S C M R 913

MUHAMMAD IDREES and others — Appellants Versus SARDAR ALI — Respondent

Court: Supreme Court of Pakistan
CLC 1986
R .O. R No. 2069 of 1982, decided on 5th May, 1986.

1986 C L C 2683

Malik SHAUKAT ALI — Petitioner Versus MUHAMMAD DIN and 3 others — Respondents

Court: Board of Revenue Punjab
SCMR 2002
Civil Petition No.686‑K of 1998, decided on 2th April., 1999.

2002 S C M R 727

Messrs CHAPAL BUILDERS‑‑‑Petitioner Versus GOVERNMENT OF SINDH and others‑‑‑Respondents

Court: Supreme Court of Pakistan
PLC(CS) 2005
Appeal No.1806 of 2003, decided on 29th December, 2003.

2005 P L C (C

KHALID SIDDIQUE, EXCISE AND TAXATION OFFICER TRANING CELL, LAHORE Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, EXCISE AND TAXATION DEPARTMENT and 2 others

Court: Punjab Service Tribunal
CLC 2006
2006-February-13

2006 C L C 637

IBADULLAH and others-Petitioners Versus SHER AFZAL — Respondent

Court: Peshawar
PLD 1973
Miscellaneous Appeal No. 85 of 1967, decided on 17th August 1972.

P L D 1973 Karachi 246

JAMIA INDUSTRIES LTD.‑Appellant Versus CALTEX OIL (PAKISTAN) LTD., KARACHI AND ANOTHER — ‑ Respondents

Court:
MLD 2002
Civil Revision No. 1871 of 1990, decided on 4th October, 2001.

2002 M L D 676

MUHAMMAD ASLAM‑‑‑Petitioner Versus Malik MAQSOOD AHMED and others‑‑‑Respondents

Court: Lahore
PLC(CS) 1991
Appeal No. HYD‑490 of 1989, decided on 29th November, 1990.

1991 P L C 561

RAFIULLAH Versus MANAGER, WESTERN PAKISTAN TANNERIES, HYDERABAD

Court: Labour Appellate Tribunal Sindh