The Qanun-e-Shahadat Order, 1984 in Chapter 6 distinguishes between public documents and private documents for the purpose of proof. Public documents include official records, government notifications, and judicial acts, while private documents are created between individuals. The chapter outlines the legal requirements for proving each type of document and provides presumptions in favor of certain official records, ensuring trust in authenticated public documents.
Multiple Choice Questions (MCQs)
When the terms of a contract, grant, or other disposition of property are reduced to the form of a document, what is required for proving its terms?
- A. Oral evidence
- B. Secondary evidence
- C. The document itself or secondary evidence if admissible
- D. None of the above
- Answer: C
Which of the following is an exception to proving a document when a public officer is appointed in writing?
- A. The officer’s appointment must always be proved in writing
- B. The writing by which he is appointed need not be proved if the officer has acted as such
- C. The writing by which he is appointed must be notarized
- D. The appointment must be witnessed by two individuals
- Answer: B
How can wills admitted to probate in Pakistan be proved?
- A. By oral testimony
- B. By secondary evidence
- C. By the probate
- D. By any written document
- Answer: C
What does Explanation 1 to Article 102 state about contracts, grants, or dispositions of property contained in documents?
- A. It applies only to contracts
- B. It applies equally to cases where they are contained in one or more documents
- C. It does not apply to grants
- D. It applies only if the documents are notarized
- Answer: B
When there are more originals than one of a document, how many need to be proved?
- A. All originals
- B. At least two originals
- C. One original only
- D. None of the originals
- Answer: C
Can oral evidence be admitted to contradict the terms of a contract that has been reduced to writing?
- A. Yes, always
- B. No, never
- C. Yes, but only in specific circumstances outlined in Article 103
- D. Yes, but only if both parties agree
- Answer: C
Which proviso allows the proof of any separate oral agreement constituting a condition precedent to the attaching of any obligation under a contract?
- A. Proviso 1
- B. Proviso 3
- C. Proviso 4
- D. Proviso 6
- Answer: B
What is not allowed to be proved according to Article 104 when the language used in a document is plain and accurately applied to existing facts?
- A. Oral evidence of the document’s contents
- B. Evidence to show that the language was not meant to apply to such facts
- C. The authenticity of the document
- D. The document’s relevance to the case
- Answer: B
When the language used in a document is plain but unmeaning in reference to existing facts, what can be done?
- A. Ignore the document
- B. Use the document as it is
- C. Evidence can be given to show it was used in a peculiar sense
- D. Request a new document
- Answer: C
According to Article 106, when the language might apply to any one of several persons or things, what can be done?
- A. Use the language as it is
- B. Disregard the ambiguity
- C. Evidence may be given of facts showing which person or thing was intended
- D. Assume it applies to all persons or things
- Answer: C
What should be done if the language used in a document applies partly to one set of facts and partly to another, but does not apply correctly to either?
- A. Discard the document
- B. Assume it applies to both sets of facts
- C. Evidence may be given to show which set of facts it was meant to apply to
- D. Rewrite the document
- Answer: C
How can the meaning of illegible or not commonly intelligible characters in a document be established?
- A. By ignoring the illegible parts
- B. By rewriting the document clearly
- C. By giving evidence to show their meaning
- D. By assuming their meaning based on context
- Answer: C
Who may give evidence of any facts tending to show a contemporaneous agreement varying the terms of a document?
- A. Only the parties to the document
- B. Only the legal representatives
- C. Persons who are not parties to the document or their representatives-in-interest
- D. Only the court
- Answer: C
Which provision ensures that the Chapter does not affect the construction of wills under the Succession Act, 1925?
- A. Article 104
- B. Article 105
- C. Article 110
- D. Proviso 6
- Answer: C
In the illustrations of Article 103, which of the following cannot be proved by oral evidence?
- A. An oral agreement that modifies the payment date of a written contract
- B. An oral agreement that adds terms to a contract silent on those terms
- C. The misrepresentation that induced a contract
- D. A verbal warranty given for a horse purchase
- Answer: A
When the facts show that language might have been meant to apply to any one of several persons or things, what type of evidence is admissible?
- A. Evidence showing the facts which indicate which person or thing was intended
- B. Evidence contradicting the document
- C. Evidence proving the document’s invalidity
- D. No evidence is admissible
- Answer: A
Under Article 106, which illustration shows the application of language to one of two sets of facts?
- A. A sells to B by deed, “my house in Karachi”
- B. A agrees to sell to B, for Rs. 1,000, “my white horse”
- C. A agrees to sell to B “my land at X in the occupation of Y”
- D. A hires lodging of B, and gives a card on which is written “Rooms, Rs. 200 a month”
- Answer: C
What may be proved under Article 109 by persons who are not parties to a document?
- A. The execution of the document
- B. Any contemporaneous agreement varying the terms of the document
- C. The contents of the document
- D. The formalities of the document
- Answer: B
Which type of evidence is admissible to show the meaning of foreign, obsolete, or technical expressions in a document?
- A. Oral evidence only
- B. Written evidence only
- C. Evidence to show the meaning of these expressions
- D. No evidence is admissible
- Answer: C
According to Article 104, when may evidence not be given?
- A. When language used in a document is plain and applies accurately to existing facts
- B. When language used in a document is ambiguous
- C. When language used in a document is illegible
- D. When language used in a document applies to multiple persons or things
- Answer: A