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Course Outline
LAW OF EVIDENCE I
INTRODUCTION
Law of evidence is the core of administration of justice in any society. Its aim is to promote legitimacy
of adjudication. Law of evidence is the lex-fori- the law of forum or court. That is, Evidence law is
‘procedural law’ as opposed to ‘substantive law.’ Its context is trial; civil or criminal or commercial.
Keeping this in mind, this course is designed in such a way that certain concepts of Evidence law are
read along with criminal, civil, and commercial procedures. The core of overall understanding of the
Evidence Law, in this course, is kept the current Qanun-e-Shahadat Order, 1984 in Pakistan.
The provisions of the said statute are combined together into clusters of concepts like
admission/confession, privileged communication, oral/documentary evidence and principle of the
presumption of truth etc. Related Provisions of Criminal Procedure Code, Civil Procedure Code,
Pakistan Penal Code (PPC), the Constitution of 1973, Contract Act and Specific Relief Act are read as a
part of the above mentioned concepts. Course is case law intensive and through this scope and
understanding of the Articles of the Qanun-e-Shahadat is sought. Students will be assigned case law in
groups and discussion about these cases will be interactive and open.
OBJECTIVES
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The objectives are to inculcate a critical appreciation of the issues and to prepare students for
professional practice. The course is absolutely necessary for students to grasp the rules of evidence
before joining legal profession, Students will be assigned case law in groups and discussion about these
cases will be interactive and open. The course is absolutely necessary for students to grasp the rules of
evidence before joining legal profession.
LEARNING OUTCOMES
This is an important course for law students to understand the application of the rules of evidence. It is
divided in to two modules. The course will cover both the substantive as well as procedural rules of
evidence; theories and policies of the Law of Evidence. It will cover admissibility of evidence, modes of
proof and the production and effect of evidence.
MODULE BREAKDOWN
All provisions of Qanoon-e-Shahadat 1984 as amended up to-date
Part 1 (Relevancy of Facts)
Chapter 1
Preliminary
a. Definitions
Chapter 2
Witnesses
a. Who may Testify
Chapter 3
The Relevancy of the Facts
a. Admission
b. Statement by persons who cannot be called as Witness
c. Statement made under Special Circumstance
d. How much of a Statement is to be Proved
e. Judgment of Court of Justice when Relevant
f. Opinion of third Persons when Relevant
g. Character when Relevant
Chapter 4
Oral Evidence
a. Proof of Facts by oral Evidence
b. Oral Evidence must be Direct
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Chapter 5
Documentary Evidence
a. Public Documents
b. Presumptions as to Documents
Chapter 6
The Exclusion of Oral by Documentary Evidence
3. Preliminary (Definitions)
Week 2 4. Types of Evidences
5. Cont..
Week 3 7. Competency of witnesses
8. Cont..
9. Revision
Admission
10.
Week 4
11. Cont..
12. Test
Week 5 13. Confession
Difference between admission and
14.
confession
15. Revision
17. Cont..
21.
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Week Session Topic Case Study Quiz
Week 8 22. Midterm Examinations
23. -----
24. ----
Week 9 25. PRE-MID ASSIGNMENT
26. PRE-MID ASSIGNMENT
27. PRE-MID REVIEW SESSION
Week 10 How much of a Statement is to be
28.
Proved
29. Cont
30. Revision
Week 11 31. Opinion of third Persons when Relevant
32. Cont
33. Test
Week 13 Cont..
37.
38. Revision
39.
Week 14 40. Accomplice
41. Cont..
42.
Week 15 43. Relevancy of Facts
44. Relevancy of Judgment
45. Test
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EVALUATION PLAN
10 5 5 30 50 100
RECOMMENDED TEXT:
1. Qanun e Shahadat Ordinance 1984
2.Gopal, Shiva. Conveyancing, Precedents and Forms, 6th edn. Lucknow: Eastern, 2007 (rpt.).
3. Inayatullah, M. Law of Conveyancing: Law and Precedents, 4th edn. Lahore: PLD, 2009.
4. Inayatullah, M. Law of Pleadings: Law and Precedents. Lahore: PLD, (Latest ed.).
SUPPLEMENTARY TEXT:
1. Kothari, Dr. G. M. Drafting, Conveyancing and Pleadings. Bombay: Tripathi, 2003.
2.. Narayana, Justice P. S. Pleadings and Practice, 6th edn. Hyderabad: Asia Law, 2010.
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