Characteristics
Characteristics legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
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.
Payment/contribution would qualify as a fee if it was for specific purpose and possessed the element of quid pro quo.
"Characteristics", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124958582
Precedents & Case Laws citing "Characteristics"
2010 M L D 692
Mian KASHIF MAHMOOD-UL-HASSAN — Petitioner Versus JUDGE FAMILY COURT, KAROR and 2 others — Respondents
Court: LahoreP L D 1994 Karachi 252
Mst. NUSRAT KHANUM‑‑‑Applicant Versus LIAQAT ALI ‑‑‑Respondent
Court:2013 S C M R 913
MUHAMMAD IDREES and others — Appellants Versus SARDAR ALI — Respondent
Court: Supreme Court of Pakistan1986 C L C 2683
Malik SHAUKAT ALI — Petitioner Versus MUHAMMAD DIN and 3 others — Respondents
Court: Board of Revenue Punjab2002 S C M R 727
Messrs CHAPAL BUILDERS‑‑‑Petitioner Versus GOVERNMENT OF SINDH and others‑‑‑Respondents
Court: Supreme Court of Pakistan2005 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 Tribunal2006 C L C 637
IBADULLAH and others-Petitioners Versus SHER AFZAL — Respondent
Court: PeshawarP L D 1973 Karachi 246
JAMIA INDUSTRIES LTD.‑Appellant Versus CALTEX OIL (PAKISTAN) LTD., KARACHI AND ANOTHER — ‑ Respondents
Court:2002 M L D 676
MUHAMMAD ASLAM‑‑‑Petitioner Versus Malik MAQSOOD AHMED and others‑‑‑Respondents
Court: Lahore1991 P L C 561
RAFIULLAH Versus MANAGER, WESTERN PAKISTAN TANNERIES, HYDERABAD
Court: Labour Appellate Tribunal Sindh