| Case ID |
050fd459-50da-4375-a84c-f358a2380e54 |
| Body |
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| Case Number |
Suit No. 1001 of 2004 |
| Decision Date |
Apr 27, 2007 |
| Hearing Date |
Feb 27, 2007 |
| Decision |
The Sindh High Court ruled that the plaintiffs were allowed to rely on audio and video recordings as evidence in their case. The court clarified that while such recordings can be admissible, their authenticity must be established. The plaintiffs had produced the recordings in a timely manner, and the court found that they had not delayed in their submission. The decision emphasized the importance of the context in which the recordings were made and the necessity of verifying their integrity, especially in light of objections raised by the defendants regarding the potential for manipulation. The ruling underscored that the electronic documents must be proven authentic, especially when contested by the opposing party. The court noted the procedural requirements under the Civil Procedure Code and the Qanun-e-Shahadat regarding the admissibility of such evidence. |
| Summary |
In the case of Suit No. 1001 of 2004, the Sindh High Court addressed the admissibility of electronic evidence, specifically audio and video recordings, in a civil dispute concerning shareholding and family settlements. The plaintiffs, represented by notable lawyers, sought to rely on recordings as evidence to support their claims against the defendants. The court evaluated the procedural aspects of document production under the Civil Procedure Code and the evidentiary standards set forth in the Qanun-e-Shahadat. The ruling clarified that while electronic documents are admissible, their authenticity and integrity must be established, particularly when challenged by the opposing party. The decision reinforced the importance of timely document submission and the need for clear guidelines on the use of modern evidence in legal proceedings. This case is significant in establishing precedent for future cases involving electronic evidence and highlights the evolving nature of legal standards in the digital age. Keywords: electronic evidence, admissibility, authenticity, shareholding, family settlement, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Plaintiffs,
Defendants
|
| Judges |
KHILJI ARIF HUSSAIN, J
|
| Lawyers |
Miss Sana Minhas,
Adnan Chaudhry,
Iqbal Qazi,
Liaquat Merchant,
Zahid F. Ebrahim
|
| Petitioners |
ARIF HASHWANI and 3 others
|
| Respondents |
SADRUDDIN HASHWANI and 3 others
|
| Citations |
2007 SLD 2964,
2007 PLD 448
|
| Other Citations |
Hakim Ali Bhatti v. Qazi Abdul Hakim and others 1986 CLC 1784,
Mst. Mariam Haji and others v. Mst. Yasmin R. Minhas and others PLD 2003 Kar. 148,
Rup Chand v. Mahabir Prashad AIR 1956 Punjab 173,
Yousuf Ali Ismail Ali Nagri v. State AIR 1968 SC 147,
Lachmandas v. Deepchand AIR 1974 Raj. 79,
Sumitra Debi v. Calcutta Dyeing & Bleaching Works AIR 1976 Cal. 99,
Smt. Joginder Kaur v. Surjit Singh AIR 1985 Punjab and Haryana 128,
C.R. Mehta v. State of Maharashtara 1993 Cr.LJ 2863,
Partab Singh v. State of Punjab AIR 1963 Punjab 298
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
O. VII, Rr. 1, 14,
O. VI, R. 2,
O. XIII, R. 2,
Arts. 164, 46-A, 70(8)(a), 73
|