Judicial Notice in Evidence Act

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Offline Haider

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Judicial Notice in Evidence Act
« on: June 19, 2012, 06:14:56 PM »
                                                                     Judicial Notice
A doctrine of evidence applied by a court that allows the court to recognize and accept the existence of a particular fact commonly known by persons of average intelligence without establishing its existence by admitting evidence in a civil or criminal action.
judicial notice in. the authority of a judge to accept as facts certain matters which are of common knowledge from sources which guarantee accuracy or are a matter of official record, without the need for evidence establishing the fact. Examples of matters given judicial notice are public and court records, tides, times of sunset and sunrise, government rain fall and temperature records, known historic events, or the fact that ice melts in the sun.
When a court takes judicial notice of a certain fact, it obviates the need for parties to prove the fact in court. Ordinarily, facts that relate to a case must be presented to the judge or jury through testimony or tangible evidence. However, if each fact in a case had to be proved through such presentation, the simplest case would take weeks to complete. To avoid burdening the judicial system, all legislatures have approved court rules that allow a court to recognize facts that constitute common knowledge without requiring proof from the parties.
The danger of judicial notice is that, if abused, it can deprive the fact finder of the opportunity to decide a contestable fact in a case. In Walker v. Halliburton Services, 654 So. 2d 365 (La. App. 1995), Johnny Walker fell from a tank truck approximately ten feet to a concrete floor. Walker sought Workers' Compensation benefits for his injuries, and his claim was denied by the Office of Workers' Compensation.
Fact judicially noticeable need not be proved
56. No fact of which the Court will take judicial notice need be proved
Facts of which Court must take judicial notice   

57. The Court shall take judicial notice of the following facts:-

 (1) All Bangladesh Laws:]

(2) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

(3) Articles of War for the Armed Forces:

(4) The course of proceeding of Parliament and of 3[ any Legislature which had Power to legislate in respect of territories now comprised in Bangladesh].

 (5) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]

4[ (6) The seals of all the Courts in Bangladesh: the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by any law in force in Bangladesh:]

(7) The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in Bangladesh, if the fact of their appointment to such office is notified in any official Gazette:

(8) The existence, title and national flag of every State or Sovereign recognized by the Government:

(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the official Gazette:

(10) The territories 5[ * * *] of Bangladesh:

(11) The commencement, continuance and termination of hostilities between Bangladesh and any other State or body of persons:

(12) The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates 6[ * * *] and other persons authorized by law to appear or act before it:

(13) The rule of the road on land or at sea.

In all these cases and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.

If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.


Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.

Md.Haider Ali
Senior Lecturer &
Coordinator
Dept. of Law
DIU