BURDEN OF PROOF
(i) Matters of which Proof is not required by Law
- Matters of which Proof is not required by Law fall under three heads :
(a) Matters which are judicially noticed.
(b) Matters which are admitted by parties.
(c) Matters the existence of which is presumed by Law.
§ Matters which are judicially noticed
- Sections 56 and 57 deal with facts which are judicially noticed. Section 57 enumerates 13 matters of which judicial notice must be taken.
Section 56 says that no fact of which the Court will take judicial notice need be proved by evidence. Parties are relieved from the burden of adducing evidence to prove a fact which falls under any one of the matters failing under Section 57 of which judicial notice must be taken.
- The principle underlying the Sections. — 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 The commencement and continuance of hostilities.
- The Geographical Divisions of the Country
These facts are so notorious that proof of them by evidence is superfluous.
- Matters enumerated in Section 57.
(i) R ULES HAVING THE F ORCE or L AW .
Many Acts contain a Section empowering the Local Government to make rules for carrying into effect the provisions of the Act and declaring that such rules shall have the force of Law e. g. Rules made under the Government of India Act. Such rules fall within the purview of this section.