Citation Name: 2025 CLC 1791 KARACHI-HIGH-COURT-SINDHBookmark this Case ALI AKBAR vs ABDUL JABBAR arts

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Citation Name: 2025 CLC 1791 KARACHI-HIGH-COURT-SINDHBookmark this Case ALI AKBAR VS ABDUL JABBAR arts. 59 & 164---Electronic Transactions Ordinance (No. LI of 2002), S. 18---Civil Procedure Code (V of 1908), O. V, R. 20(b) & O. XVIII R. 4---Specific Relief act (I of 1877), Ss. 12 & 54---Usage of modern devices and scientific technologies as evidence in courts---Scope---Doctrine of "updating construction of statutes"---Scope---Filing of application in suit for specific performance with permanent injunction by the respondents/defendants for calling scanner/modern device to read out the serial number and barcode of stamp paper used by the petitioner/plaintiff for agreement to sell---Delay in proceedings before Trial Court, plea of---Legality---application was dismissed by the Trial Court, but accepted by the revisional court---Validity---High Court was not persuaded with such contention as the petition was pending for the last 5 years and no efforts were taken by the petitioner to expedite the proceedings rather delay was caused by him and the petition was filed to undermine the law such as arts. 59 and 164 of the Qanun-e-Shahadat, 1984, O. V, R. 20(b) and O. XVIII R. 4, C.P.C. and the dictum of the Supreme Court of Pakistan on usage of modern devices and scientific technologies as evidence in courts---Status of forensic evidence is corroboration and universally it is not conclusive evidence, but its value is robust explanatory to the direct evidence---Law is guidepost for minimally acceptable behavior in society---In a modern society, the law informs everyday life in a wide variety of ways and is reflected in numerous branches of law with its ultimate object to serve society, as such immense need to use technology with a dynamic and visionary scheme in court proceedings---Petitioner failed to satisfy the High Court as to what prejudice would be caused to him and how he was aggrieved with the order of revisional court in case art. 164 of Qanun-e-Shahadat, 1984, had been invoked to verify the authenticity of document by usage of modern devices in a transparent manner being helpful to the Trial Court to arrive at just and proper decision to determine the controversy between the parties---Under the doctrine of "updating construction of Statutes" the order of revisional court for the permissibility to use modern device (scanner) to read barcode of disputed document under art. 164 of Qanun-e-Shahadat, 1984, for determinative steps about birth date, time or seriality order as well as veracity as per Stock Register of Stamps Paper, High Court did not find any illegality or jurisdictional defect in that order---Constitutional petition was dismissed, in circumstances.

Citation Name: 2025 CLC 1791 KARACHI-HIGH-COURT-SINDHBookmark this Case ALI AKBAR vs ABDUL JABBAR arts — 2025 CLC 1791 KARACHI-HIGH-COURT-SINDH

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