630 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Distinction must be drawn between rule having the force of law and custom which is the source of Law. A large part of Hindu Law is based on custom. But the Court will not take judicial notice of a custom. The party who relies on a custom must prove the existence of the custom. When the party has proved the existence of the custom the Court will give effect to it only if it comes to the conclusion that it is a valid custom.
It is true that there are some customs for the proof of which the Court does not require Evidence. But that is not because the Court is bound to take judicial notice. The Court does not require formal proof because by the rule of precedent, the Court is bound to uphold a custom, the existence and validity of which has been recognised in an earlier decision by a Court to which it is Subordinate.
(ii) S TATUTES .
The statutes passed by Parliament are either general or special.
A General Statute is universal in its application and extends to all persons and to all territories.
A Special Statute is either local or personal and operates upon particular persons and private concerns.
All Acts of Parliament are to be presumed to be public unless the contrary be declared therein - Section 13 of 14 Vict. c. 21.
Judicial notice must be taken of all public Acts. Court is not bound to take judicial notice of a Private Act unless the particular Private Act contains a direction to the Court to take judicial notice. If it does not contain such a direction, the parry must prove that a Private Act relied upon is an Act of Parliament.
(iii) I NDIAN A RTICLES OF W AR .
These are rules of discipline for Native Officers, soldiers and other persons in His Majesty’s Indian Army. They are contained in the Indian Army Act of 1911.
(iv) C OURSE OF P ROCEEDINGS OF P ARLIAMENT AND C OUNCIL .
- Course of Proceedings must be distinguished from proceedings themselves.