Fact
Fact legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
If a person alleges a fact which is especially within his knowledge, the burden of proving that fact is upon that person.
Party that alleges a particular fact is bound to prove the same.
When a party alleges a specific factual point then that party is bound to prove the same by supporting evidence.
Such rule like other rules is not without exceptions and one such exception is envisaged by Arts.59 to 65 Qanun-e-Shahadat, 1984, which accepts even some `opinions' as evidence
Such opinions have to be of persons who are `Experts' in relevant fields and are admissible only if they pertained to foreign law or to science or art or as to identity of hand-writing or finger impressions or about existence of any general custom or right or about usages and tenets of anybody of men or family or about any religious or charitable foundation or about meanings of words or terms used in Particular districts or by particular classes of people
Investigating Officer cannot be accepted as an expert nor investigation, which is conductable even by an ordinary private person, can qualify as science or even as art
Even under the law, opinion of Investigating Officer is not admissible as evidence
Neither Criminal Procedure Code, 1898, authorizes or allow Investigating Officer to form opinions about guilt or innocence of accused person which is a purely judicial function performable only by a court of law nor Qanun-e-Shahadat, 1984, recognizes opinions of investigating officers as admissible in evidence.
Facts given in newspapers having not been denied, would be considered as undisputed facts.
Disputed facts-Assessment of disputed facts to be made objectively which is only proper course without prejudice to legal limitations.
"Fact", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/2618
Precedents & Case Laws citing "Fact"
P L D 1973 Supreme Court 609
AYOOB-Petitioner Versus THE STATE‑Respondent
Court:1989 P T D 679
COMMISSIONER OF INCOME-TAX, CENTRAL ZONE (A). KARACHI Versus FAROOQ H. RAHIMTOOLA
Court: Karachi High CourtP L D 1973 Lahore 416
MESSRS MIAN ABDUL RAHIM & SONS — Petitioner Versus COMMISSIONER OF INCOME‑TAX, RAWALPINDI — Respondent
Court:2023 P Cr
MUHAMMAD RAMZAN — Petitioner Versus The STATE and others — Respondents
Court: Lahore1988 P T D 1044
INDO-ADEN SALT MANUFACTURING AND TRADING C0. P. LTD. Versus COMMISSIONER OF INCOME-TAX, BOMBAY
Court: Supreme Court (India)P L D 1957 Supreme Court (Ind
SREE MEENAKSHI MILLS LTD., MADURAI‑Appellants Versus COMMISSIONER OF INCOME‑TAX, MADRAS — Respondent
Court: High Court2001 P T D 189
COMMISSIONER OF INCOME‑TAX Versus GNAN GANGA SCIENCE INSTITUTE
Court: 238 I T R 473P L D 1970 Lahore 654
ALTAF MAHMOOD‑Plaintiff‑Appellant Versus Mst. FAZAL‑UN‑NISA alias BILQIS INSARI — Defendant‑Respondent
Court:1992 P T D 1032
COMMISSIONER OF INCOME-TAX Versus J.K. SYNTHETICS LTD.
Court: Delhi High Court (India)2000 P T D 2348
PALA MARKETING COOPERATIVE SOCIETY LTD. Versus STATE OF' KERALA and another
Court: 236 I T R 604