Judicial Notice | education

Concept of judicial notice

Article 112 provides a list of facts of which the court can take judicial notice. This is an exceptional rule to a general rule that relevant facts must be proved.

“A court acceptance for the purpose of convenience without requiring a fact to be proved” As a general rule every fact presented before the court has to be proved. Following are the circumstances where facts though relevant need not to be proved.

Judicial notice

Exception to general rule

a- Facts judicially noticeable u/a 112

b- Facts admitted u/a 113

Following are the facts on which court shall take judicial notice. All the municipal laws of Pakistan enforced for the administration must be under judicial notice

All the contents of articles of armed forces must be under the notice of the court

It is the duty of the judge to have the knowledge of the course of proceedings of all legislatures’ weather central or any other in Pakistan.

Facts judicially noticeable

 All the seal and stamps of the courts established in Pakistan or outside must be known by the judge through judicial notice.

* Signature of the court

* Stamps of the courts

* Notaries public of the court

* Regulation of the seal

All accessions to the public offices of the Pakistan must be within judicial notice of the court.

* Names of officers

* Title of the officers

* Functions of officers

* Signatures of officers

* Appointment of their officers

seal of court

All the states having sovereign recognized by federal government must be known by the court.

* Name of the state

* National flag of the state

* Date of its existence

The judge must take judicial notice of the world and division includes

a- Division of time

b- Geographical division

c- Festival division

d- Holiday’s division

The judge has knowledge the legal education. He knows the all laws so that he can decide the judgement.All the countries under the division of Pakistan are judicially noticeable facts. It is judicially noticeable to have knowledge about the commencement, Continuance and termination of hostilities between Pakistan and other world

The judge must know the names of members, officers, deputies, subordinate officers, assistance, officers acting in execution and all advocates who appear before it.

 All the rules relating to roads, lands and sea are the facts judicial noticeable. A judge has reference of history, literature, science or arts.

It is the duty of the council to add the court to provide appropriate book and documents of reference.

If reference is not provided the court may refuse to take judicial notice of the facts.