558 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
I. BURDEN OF PROOF
(i) Matters of which Proof is not required.
§ Facts of which Proof is not required.
- Matters of which Proof is not required fall under three heads:
(1) Facts Judicially noticed.
(2) Facts admitted by the Parties.
(3) Facts the existence of which is presumed by law.
§ (i) Facts judicially noticed.
Sections 56 and 57 deals with facts judicially noticed.
Section 56 says no fact of which the Court will take judicial notice need be proved.
Sec. 57 lays down 13 matters of which the Court must take judicial notice.
4. Principle of the Secion. Certain matters are so notorious and are so clearly established that it would be useless to insist that they should be proved by evidence.
Illus.—
(1) Commencement and Continuance of hostilities.
(2) Geographical Divisions.
- The last two paras are important and read with section 56. They furnish a clue to the proper understanding of them. The effect is that when a matter enumerated in Section 57 comes into question, the parties who assert the existence to the contrary need not produce any evidence in support of their assertions. The judge must come to a conclusion without requiring any formal evidence.
(1) The Judge’s own knowledge may be sufficient. If it is not he must look the matter up.
(2) The Judge can also call upon the parties to assist him, if he thinks it necessary.
(3) The Judge in making this investigation is emancipated entirely from all the rules of evidence laid down for the investigation of facts which the law require s a person to prove.