MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD vs MUHAMMAD RAHMAN — 2026 SCMR 31 SUPREME-COURT

Case information

Citation: 2026 SCMR 31 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD vs MUHAMMAD RAHMAN
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AYUB, SHOP MANAGER BATA PAK. LTD VS MUHAMMAD RAHMAN. Art. 117---Qanun-e-Shahadat Order, 1984---Burden of proof on party asserting a claim---Scope. The burden of proof rests upon the party who asserts a claim and the absence of rebuttal by the opposite party does not automatically result in success of such claim, particularly where the claim remains unsupported by credible evidence. Held: A party who approaches the Court seeking relief must establish the facts upon which such relief is claimed. The mere failure of the opposite party to effectively controvert or rebut the assertion of the claimant does not absolve the claimant from discharging the initial burden of proof placed upon him by law. The Court cannot grant relief merely because the opposing party has not produced evidence, unless the party making the claim has first established his case through reliable and legally admissible evidence. The Supreme Court reiterated that the principle contained in Article 117 of the Qanun-e-Shahadat Order, 1984 requires the person who asserts the existence of a fact to prove it. Therefore, unsupported assertions or claims lacking credible evidence cannot be accepted merely due to absence of rebuttal from the other side.

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