Rules of Proof: Oral & Documentary Evidence

Relevancy & Facts

• Account Books: Regular entries are relevant but not enough on their own to prove a debt. They require supporting evidence.
• Admitted Facts: If a fact is admitted by the parties, it does not need to be proved.
• Judicial Notice: Courts must take notice of all Pakistan laws and world geography, but they will not take notice of an investigation officer's report.

Oral Evidence

• General Rule: Oral evidence can prove all facts except the contents of documents.
• Direct Rule: Oral evidence must be direct (from the person who saw/heard it). Telling what you read in a document is secondary evidence, not primary.
• Validity: Evidence without an oath is not admissible. Written evidence is always more reliable than oral evidence.

Documents (Primary vs. Secondary)

• Primary Evidence: The original document itself shown to the court. This includes multi-part documents, computer printouts, or uniform processes like printing and photos.
• Secondary Evidence: Allowed only if the original is lost, destroyed, or its existence is admitted in writing. Examples include certified copies, mechanical copies, and oral accounts of the document.

Public vs. Private Records

• Public Documents: Official records of public officers, court proceedings, Registered Nikah Forms, and municipal Birth Registers.
• Private Documents: Anything else, like an unregistered MoU or a commercial business prospectus.

Witnesses & Presumptions

• Summoned for Documents: A person called only to bring a document cannot be cross-examined unless called as a witness.
• Missing Witnesses: If an attesting witness dies, goes missing, or forgets/denies signing, the document can be proved by any other evidence.
• Contradicting Contracts: Oral agreements cannot change a written contract, but you can use oral evidence to show misrepresentation that makes the contract invalid.
• Presumptions: Courts presume the accuracy of certified foreign records, power of attorneys, and government maps. Private maps made for a specific case must be proved.