THE
QANUN‑E‑SHAHADAT
ORDER, 1984
(X
OF 1894). [28th October, 1984)
CHAPTER
III
OF
THE RELEVANCY OF FACTS
46. Cases in which statement of relevant
fact by persons who is dead or cannot be found, etc, is relevant. Statements,
written or verbal, of relevant facts made by a person who is dead, or who
cannot be sound, or who has become incapable of giving evidence, r whose
attendance not be procured without an amount of delay or expense which under
the circumstances of the case appears to the Court unreasonable, are themselves
relevant facts in the following cases:‑‑
(1) When
it relates to cause of death.‑‑When the statement is made by a
person as to the cause of his death, or as to any of the circumstances of the transaction which resulted
in his death, in cases in which the cause of that person's death comes into
question. Such statements are relevant whether the person who made them was or
was not, at the time when they were made, under expectation of death, and
whatever may be the nature of the proceeding in which the cause of his death
comes into question.
(2) Or is made in course of
business.‑‑When the statement was made by such person in the
ordinary course of business, and in particular when it consists of any entry or
memorandum made by him in books kept in the ordinary course of business, or in
the discharge of professional duty; or of an acknowledgment written or signed
by him of the receipt of money, goods, securities or property of any kind; or
of a document used in commerce written or signed by him; or of the date of a
letter c: other document usually dated, written or signed by him.
(3) Or against interest of maker.‑‑When
the statement is against the pecuniary or proprietary interest of the person
making it, or when, if true, it would expose or would have exposed him to a
criminal prosecution or to suit for damages.
(4) or gives opinion as to public
right or customs, or matters of general interest.‑‑When the
statement gives the opinion of any such person, as to the existence of any
public right or custom or matter of public or general interest, of the existence,
of which if it existed, he would have been likely to be ware, and when such
statement was made before any controversy as to such right, custom or matter
has arisen.
(5) or relates to existence of
relationship.‑‑ When the statement relates to the existence of any
relationship by blood, marriage or adoption between persons as to whose
relationship by blood, marriage or adoption the person making the statement had
special means of knowledge, and when the statement was made before the question
in dispute was raised.
(6) Or is made in will or deed
relating to family affairs.‑‑ When the. statement relates to the
existence of any relationship by blood, marriage or adoption between person
deceased, and is made in any will or deed relating to the affairs. of the
family to which any such deceased person belonged, or in any family pedigree,
or upon any tombstone, family portrait or other thing on which such statements
are usually made, and when such statement was made before the question in
dispute was raised.
(7) Or
in document relating to transaction mentioned in Article 26, paragraph (a).‑‑When the statement is
contained in any deed, will or other document which relates to any such
transaction as is mentioned in Article 26, paragraph (1).
(8) Or
is made ~ by several person and expresses feelings relevant to matter in
question.‑‑When the
statement was made by a number of persons, and expressed feelings or
impressions on their part relevant to the matter in question.
Illustrations
(a) the question is, whether A was murdered,
by B; or A dies of injuries received in a transaction in the course of which
she was ravished. The question is, whether she was ravished by B; or
The question is, whether A was killed by B
under such circumstances that a suit would lie against B by A's widow.
Statements made by A as to the cause of his
or her death, referring respectively to the murder, the rape and the actionable
wrong under consideration are relevant facts.
(b) The question is as to the date of A's
birth.
An entry in the diary of a deceased surgeon
regularly kept in the course of business,, stating that, on a given day, he
attended A's mother and delivered her of a son, is a relevant fact.
(c) The question is, whether A was in
A statement in the diary of a deceased
solicitor, regularly kept in the course of business, that on a given day the
solicitor attended A at a place mentioned, in
(d) The question is, whether a ship sailed
from
A letter written by a deceased member of a
merchant's firm by which the was chartered to their correspondents in
(e) The question is, whether rent was paid
to A for certain land.
A letter from A's deceased agent to A saying
that he had received the rent on A's account and held it at A's order, is a
relevant fact.
(f) The question is, whether A and B were
legally married.
The Statement of a deceased clergyman that
he married them under such circumstances, that the celebration would be a
crime, is relevant.
(g) The question is, whether A, a person who
cannot be found, wrote a letter on a certain day. The fact that a letter
written by him is dated on that ~~day is relevant.
(h) The question is what was the cause of the
meach of a ship.
A protest made by the Captain, whose
attendance cannot be procured is
I a relevant fact.
(i) The question is, whether a given road is
a public way.
A statement by A, a deceased headman of the
village, that the road was public, is a relevant fact.
(j) The question is, what was the price of
grain on a certain day in a particular marker. A statement of the price, made
by a deceased banya in the ordinary course of his business, is a relevant fact.
(k) The question is, whether A, who is dead,
was the father of B.
A statement by A that B was his son is
relevant fact.
(1) The question is what was the date of the
birth of A.
A letter from A's deceased father to a
friend, announcing the birth of A on a given day is a relevant fact.
(m) The question is, whether and when, A and
B were married.
An entry in a memorandum book by C, the
deceased father of B, of his daughter's marriage with a on a given date, is a
relevant fact.
(n) A sues B for a libel expressed in a
painted caricature exposed in a shop window. The question is as to the
similarly of the caricature and its libellous character. The remarks of a
crowed of spectators on these points may be proved.