Under the Qanun-e-Shahadat Order, 1984, certain facts are considered so obvious or already established that they do not require formal proof. This chapter explains these exceptions, such as facts judicially noticeable by the court or facts admitted by both parties.
The goal is to streamline the judicial process by avoiding unnecessary evidence on matters already accepted or indisputable. This enhances efficiency and focuses attention on the contested issues of a case.
Multiple Choice Questions (MCQs)
1. Who must prove the existence of facts which he asserts in order to receive a judgment as to any legal right or liability?
a) The defendant
b) The plaintiff
c) The court
d) The witness
Answer: b) The plaintiff
2. What does it mean when the burden of proof lies on a person?
a) The person can make unproven claims.
b) The person must prove the existence of the facts he asserts.
c) The court must assist in proving the facts.
d) The witness must prove the facts.
Answer: b) The person must prove the existence of the facts he asserts.
3. In a suit where A desires a court to punish B for a crime, who must prove the crime?
a) B
b) A
c) The court
d) The witness
Answer: b) A
4. If A sues B for land possession based on a will from C, who must prove the will’s existence?
a) B
b) A
c) The court
d) The witness
Answer: b) A
5. On whom does the burden of proof lie in a suit or proceeding?
a) The person who will succeed if no evidence is given on either side.
b) The court
c) The witness
d) The defendant
Answer: a) The person who will succeed if no evidence is given on either side.
6. If A sues B for money on a bond and B claims fraud, who has the burden of proof?
a) A
b) B
c) The court
d) The witness
Answer: b) B
7. Who bears the burden of proof as to any particular fact in court?
a) The person who wishes the court to believe in its existence.
b) The court
c) The witness
d) The defendant
Answer: a) The person who wishes the court to believe in its existence.
8. In a prosecution where A claims B admitted theft to C, who must prove the admission?
a) C
b) B
c) A
d) The court
Answer: c) A
9. Who has the burden of proving a fact necessary to make other evidence admissible?
a) The person wishing to give such evidence.
b) The court
c) The witness
d) The defendant
Answer: a) The person wishing to give such evidence.
10. If A wishes to prove a dying declaration by B, what must A prove first?
a) B’s identity
b) B’s death
c) The declaration’s content
d) The court’s jurisdiction
Answer: b) B’s death
11. When is the burden of proof on the accused in a criminal case?
a) When proving the crime.
b) When proving an exception or special proviso.
c) When cross-examining witnesses.
d) When presenting evidence.
Answer: b) When proving an exception or special proviso.
12. In a case where A is accused of murder and claims unsoundness of mind, who must prove the claim?
a) The prosecutor
b) The court
c) A
d) The witness
Answer: c) A
13. When a person does an act with some intention other than that which the act suggests, who has the burden of proving the intention?
a) The person performing the act
b) The victim
c) The court
d) The witness
Answer: a) The person performing the act
14. If A is charged with traveling on a railway without a ticket, who must prove they had a ticket?
a) The railway company
b) The court
c) A
d) The witness
Answer: c) A
15. When must a person prove that someone who was alive within thirty years is now dead?
a) When they affirm the person is alive.
b) When they affirm the person is dead.
c) When there is no evidence.
d) When the court requests it.
Answer: b) When they affirm the person is dead.
16. Who must prove a person is alive if they have not been heard of for seven years?
a) The person affirming the person is dead.
b) The court
c) The person affirming the person is alive.
d) The witness
Answer: c) The person affirming the person is alive.
17. Who must prove the non-existence of a relationship between partners, landlord and tenant, or principal and agent?
a) The person who affirms they do not stand in that relationship.
b) The court
c) The person who affirms they stand in that relationship.
d) The witness
Answer: a) The person who affirms they do not stand in that relationship.
18. When must a person prove that someone is not the owner of something they possess?
a) When they affirm the person is the owner.
b) When they affirm the person is not the owner.
c) When there is no evidence.
d) When the court requests it.
Answer: b) When they affirm the person is not the owner.
19. Who must prove good faith in a transaction where one party is in a position of active confidence?
a) The party in a position of active confidence
b) The court
c) The other party
d) The witness
Answer: a) The party in a position of active confidence
20. What is conclusive proof of legitimacy for a person born during a valid marriage?
a) Born during the continuance of the marriage and within six lunar months of the marriage or two years after its dissolution.
b) The mother’s declaration.
c) The court’s order.
d) The birth certificate.
Answer: a) Born during the continuance of the marriage and within six lunar months of the marriage or two years after its dissolution.
21. What can the court presume regarding facts?
a) Any fact which it thinks likely to have happened.
b) Only proven facts.
c) Only documented facts.
d) Only facts agreed upon by both parties.
Answer: a) Any fact which it thinks likely to have happened.
22. What might the court presume about a man in possession of stolen goods soon after the theft?
a) He is the thief or has received the goods knowing them to be stolen.
b) He is innocent.
c) He is a witness.
d) He is unrelated to the theft.
Answer: a) He is the thief or has received the goods knowing them to be stolen.
23. What can the court presume about an accomplice’s testimony?
a) It is always credible.
b) It is unworthy of credit unless corroborated in material particulars.
c) It is irrelevant.
d) It is always false.
Answer: b) It is unworthy of credit unless corroborated in material particulars.
24. What might the court presume about a bill of exchange that is accepted or endorsed?
a) It was accepted or endorsed without consideration.
b) It was accepted or endorsed for good consideration.
c) It was not endorsed.
d) It is fraudulent.
Answer: b) It was accepted or endorsed for good consideration.
25. What can the court presume about judicial and official acts?
a) They have been irregularly performed.
b) They have not been performed.
c) They have been regularly performed.
d) They have been disputed.
Answer: c) They have been regularly performed.
More Questions:
The burden of proof lies on the person who:
- a) Denies a fact.
- b) Asserts a fact.
- c) Ignores a fact.
- d) Observes a fact.
Answer: b) Asserts a fact.
If A desires a Court to give judgment that B shall be punished for a crime, who must prove that B committed the crime?
- a) B
- b) The Court
- c) A
- d) A and B equally
Answer: c) A
In a situation where no evidence is given on either side, who would fail in a suit or proceeding?
- a) The plaintiff
- b) The defendant
- c) The person on whom the burden of proof lies
- d) Both parties equally
Answer: c) The person on whom the burden of proof lies
If B is in possession of land and A asserts it was left to him by the will of C, B’s father, who bears the burden of proof?
- a) A
- b) B
- c) The Court
- d) C
Answer: a) A
The burden of proof as to any particular fact lies on the person who:
- a) Denies its existence
- b) Wishes the Court to believe in its existence
- c) Is neutral about its existence
- d) Is unaware of its existence
Answer: b) Wishes the Court to believe in its existence
If A wishes to prove a dying declaration by B, what must A prove?
- a) B’s death
- b) B’s life
- c) B’s innocence
- d) B’s guilt
Answer: a) B’s death
When is the burden of proving circumstances bringing a case within an exception or proviso upon the accused?
- a) Always
- b) Never
- c) Only when the Court asks for it
- d) When the accused claims the exception or proviso
Answer: d) When the accused claims the exception or proviso
If A is accused of traveling on a railway without a ticket, who bears the burden of proving that A had a ticket?
- a) The railway authorities
- b) The Court
- c) A
- d) A’s lawyer
Answer: c) A
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, who bears the burden of proving that he is dead?
- a) The person who asserts he is dead
- b) The person who asserts he is alive
- c) The Court
- d) His family
Answer: a) The person who asserts he is dead
If a man has not been heard of for seven years by those who would naturally have heard of him, who bears the burden of proving that he is alive?
- a) The person who asserts he is alive
- b) The person who asserts he is dead
- c) The Court
- d) The man’s family
Answer: a) The person who asserts he is alive
In a suit brought by a client questioning the good faith of a sale by the client to an advocate, who bears the burden of proving the good faith of the transaction?
- a) The client
- b) The advocate
- c) The Court
- d) Both parties equally
Answer: b) The advocate
If a person was born during the continuance of a valid marriage, what is considered conclusive proof of legitimacy?
- a) Birth certificate
- b) Parents’ testimony
- c) The fact that the person was born during the marriage
- d) DNA test
Answer: c) The fact that the person was born during the marriage
When does the Court presume that judicial and official acts have been regularly performed?
- a) Always
- b) Never
- c) When there is evidence to the contrary
- d) In the absence of evidence to the contrary
Answer: d) In the absence of evidence to the contrary
When the Court may presume the existence of a fact, what does it consider?
- a) Common course of natural events, human conduct, and public and private business
- b) Only the testimony of witnesses
- c) Only written documents
- d) Personal opinions of the judge
Answer: a) Common course of natural events, human conduct, and public and private business
If a person refuses to answer a question they are not compelled to answer by law, what may the Court presume?
- a) The answer would be favorable to them
- b) The answer would be unfavorable to them
- c) The answer would be neutral
- d) The question is irrelevant
Answer: b) The answer would be unfavorable to them