Law & Rehan Shervani

Law & Rehan Shervani LL.B External, University of London

28/12/2024

Magna Carta was issued in June 1215 and was the first document to put into writing the principle that the king and his government was not above the law. It sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself.

26/12/2024

What does article 204 of the constitution of Pakistan address regarding contempt?
Under article 204, court shall have power to punish any person;

i. Abuses or interferes with or obstructs the process of the court inway of disobey.

ii. Scandalize the court.

iii. Does anything which tends to prejudice the determination of a matter pending before the court.



iv. Does anything which by law constitutes contempt of the court.

25/12/2024

Witness, by all means, is obliged to speak truth.

25/12/2024

11. Evidence conclusive as against person offering to be bound.– The
evidence so given, through oath, shall, as against the person who offered to be bound as
aforesaid, be conclusive proof of the matter stated.

25/12/2024

What is difference between Oath and Affirmation?----Oaths and affirmations are solemn (serious) promises to tell the truth; the main difference is that oaths are generally sworn by religious or spiritual persons before a deity, whereas affirmations are not made before a deity (and are therefore generally made by non-religious persons).

25/12/2024

Oath means a solemn ( a very serious) promise, often invoking a divine witness, regarding one's future action or behaviour

25/12/2024

AFFIDAVIT
To be specific. Deponent to state clearly facts which can be proved from his own knowledge and facts believed to be true on reasonable ground separately. Affidavit as `true to the best of knowledge and belief and information, without specifying exact portions, held, to be not in accordance with law and not acceptable. Charge of perjury on such vague contents, held, misconceived. 1971 P.Cr.LJ 1021 Manzoor Elahi v. Sh. Abu Bakar.
Affidavits attested by oath commissioners are not to be admitted in evidence without the makers of affidavits being confronted with them. PLJ 1985 Cr. C (Lah.) 278. State v. Saleem Khan.
Affidavits & statement u/S. 164, Cr. P.C. The affidavits permitted u/ss. 74, 526 & 539-A, Cr. P.C. cannot be considered as evidence without confronting its maker at trial statement u/S. 164, Cr. P.C. can be accepted subject to conditions laid down by Cr. P.C. PLD 1985 Lah. 345. State v. Saleem Khan.

25/12/2024

Perjury Law and Penalties
Perjury, the act of lying under oath knowingly, includes sworn statements in an affidavit. On conviction, the penalties for perjury vary based on specific jurisdiction law, but commonly include imprisonment, hefty fines, or both. For instance, under federal law in the United States, someone convicted of perjury might face up to five years in federal prison or fines up to a considerable amount, which currently stands as high as $250,000.

Consider the case of Martha Stewart, a famous businesswoman, who in 2004 was sentenced to five months in federal prison. Convicted of false declarations to federal investigators, her case serves as a vivid example of the repercussions of untruthful statements in affidavits or similar legal documents.

25/12/2024

What is the result of giving false affidavit?-----False statements in affidavits hold legal consequences. Affiants, individuals giving written testimony under oath, may face substantial penalties if they intentionally provide untruthful information.

25/12/2024

Affidavit means "declaring on oath instead of oral testimony".

25/12/2024

Definition of an Affidavit
An affidavit, in essence, serves as a written document where a person affirms under oath the verity of specific information. It’s a formal statement that’s legally binding, administered often by a lawyer or a notary public. These documents are typically used as evidence in court proceedings, aiding in the resolution of legal disputes. For example, affidavits are often used in family court to affirm the accuracy of financial details for child support calculations.

25/12/2024

What is the reason for affidavit?
What is an affidavit? Its legal purpose and definition ...
Affidavits can occur any time a formal promise is made, and they are often used as a form of documentation tied to a specific person in the proceedings. They are often used in court to serve as evidence toward a singular side in a dispute, or to affirm a claim that someone is making.

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