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Syariah Courts Evidence Order, 2001 · s 90

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s 90( 1)

Whoever desires any Court to give judgment as to any legal right or liability, dependent on the existence of facts which he asserts, must prove that those facts exist.

(2)

When a person is b.ound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Illustrations

{a}

A desires the Court to give judgment that B shall be punished for a crime which A says B has committed.

A must prove that B has committed the crime.

{b}

A desires the Court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts and which B denies to be true.

A must prove the existence of those facts.

On whom the burden of proof lies.