LAW OF EVIDENCE 631
- The Court will take judicial notice of the course of proceedings and not of the proceedings.
Foreign State
Court will take judicial notice whether a foreign State is recognised or not by His Majesty or by the Governor-General in Council.
State of War
The existence of a State of War between foreign States will not be taken judicial notice of.
Rules of the Road on Land or Sea
Effect of the last para.
Court can refuse to take judicial notice under certain circumstances of matters of which they are bound to take judicial notice.
Party is bound to produce the necessary material to enable the Court to take judicial notice.
Illus.
Gazette must be produced if the party wishes the Court to take judicial notice of a Proclamation.
Mode of Proof
- The general rule regarding mode of proof may be stated thus:
The law requires evidence to be given by a person—
(i) Who is present in the Court.
(ii) Who is legally competent as a witness.
(iii) Upon oath or affirmation.
(iv) In regular course of Examination.
(v) Subject to contradiction as to facts.
(vi) Subject to discredit as to veracity.