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Article 129 of QSO

Presumtion is a rule of law that


aseribes straightforward probative
denomination to accurate statistics and
fosters a high degree of probability
unless upset and annulled by evocative
proof to the satisfaction of the court and
in the event of two equal presumtions,
the court my prefer that which has
accords to the facts and circumstances
of the case.
2022 SCMR - 1398

9. Conclusive Proof:
According to Black's Law Dictionary
"vvv"
According to article 54 of this order "
the existence of any judgement, order
or decree which by law prevents any
court from taking cognizance of a suit
or holding a trial.
According to section 403 of the Criminal
Procedure Code 1898 " person one
convicted or acquitted not to be tried for
same offence "
According to Section 11 of Civil
Procedure Code 1908 " No Court shall
try suit or issue in which such issue has
been subsequently raised , and has
been heard and finally decided by such
court"
Irrebuttable Presumtions are indicated
by the
expression" Shall Conclusive Proof"
The article 55 and 128 of the Qanoon e
Shahadat Order 1984 pertain to these
presumtions. There is no difference
between the phrase " Conclusive Proof"
or Conclusive Evidence" the object of
both the phrases is to give finality to the
establishment of the existence of a fact
from the proof of another.
2009 PCRLJ -1319
The section 403 of the Criminal
Procedure Code 1898 No person can
be punished twice for same offence.
2010 SCMR -861
2004 SCMR -810
2002 SCMR -273
PLD 2020 -Karachi - 739
Res-judicata where an ...... order was
passed could not be reagitated ? again
such aspect/issue would act as res-
judicata.
1984 SCMR -1462
2019 SCMR -998
2021 SCMR -1313
2021 SCMR -1433
2022 SCMR -186

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