Facts about which Judicial Notice can be Taken

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Facts about which Judicial Notice can be Taken

Facts need not to be proved

As soon as the points in issue in a case have been determined, the question that next presents itself is, by what method they can be proved or established? The object of offering evidence is to prove the points in issue, or in other words to create a conviction in the mind of the judges as to the truth or otherwise of a fact in issue. All facts, however, need not be proved. The exceptions are in the case of.

  1. Facts of which the court takes judicial notice.
  2. Facts admitted.

Judicial Notice

Article 111 provides that the court shall take judicial notice without formal proof of facts the existence of which is unquestionable within public knowledge. Some facts are so notorious in themselves or are of such public and universal character or are so well and automatically expressed in various treaties, that court is bound to recognize and to take notice of them. Such facts do not require proof. As for instance the common law of the realm, public Statutes passed by the legislature, official seals and signatures, the meaning of ordinary words, divisions of time, weights, measures, facts regularly recurring in the ordinary course, regularly recurring in the ordinary course of nature of business etc. these facts are to numerous to mention and any exhaustive list is impossible. But courts will take judicial notice of them whenever necessary. That judicial notice is taken of a fact merely dispenses with proof but it is not conclusive and a party is not prevented from disputing its correctness by offering evidence.

Facts Admitted

Admission by parties, oral or documentary, to any person before suit, i.e., out of court, have been dealt in Art.30 et seq. Such admissions are tendered as evidence, while admissions for purposes of trial dispenses with proof of particular facts. Article 113 deals with the admissions during trial, i.e., at or before the hearing. Proof of such facts is dispensed with for the simple reason that the facts admitted require no proof. They are known as judicial admissions dispensing with proof. It is a substitute for evidence and admission in this sense is a formal act, done in the course of judicial proceedings, which waives or dispensed with the production of evidence, by conceding for the purposes of litigation that the proposition of fact alleged by opponent is true.

There is no need to prove a fact in any proceedings which the parties thereto or their agents agree to admit at the hearing or which before hearing they agreed to admit by any writing  under their hands or which by any rule or pleading in force at the time they are deemed to have been admitted by their pleadings. Admitted documents need not to be proved nor the principle of proof laid down in Qanun-e-Shahadat Order would be applicable to documents which stand admitted by the parties.

A court in general has to try the questions on which the parties are at issue, not those on which they are in agreement. Admissions which have been deliberately made for the purposes of the suit, whether in the pleadings or by agreement, will act as an estoppel to the admission of any evidence contradicting them.

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