Section- 56. Fact Judicially noticeable need not be proved

No fact of which the Court will take judicial notice need be proved.

Any fact which is so notorious court takes Judicial notice of that fact. Judicial notice occurs when a trial court accepts a fact as true without requiring either party to introduce evidence supporting the noticed fact. Judicial notice is generally intended to save the parties, the court and the jury the time and effort associated with proving facts that are a matter of common knowledge

Phipson Evidence in 14th edition quotes,”Judicial notice is the cognizance taken by the court itself for certain matters which are so notorious or clearly established that evidence of their existence is deemed unnecessary.’’

Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or 4 so authoritatively attested, that it cannot reasonably be doubted.

Section- 57. Facts of which Court must take judicial notice

The Court shall take judicial notice of the following facts;

1. All laws in force in the territory of India;
2. All public Acts passed or hereafter to be passed by Parliament of United Kingdom, and all local and personal Acts directed by Parliament of the United Kingdom to be judicially noticed;
3. Articles of War for the Indian Army,Navy of Air force;
4. The course of proceeding of parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the Legislature established under any law for the time being in force in Province or in the States;
5. The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland;
6. All seals of which English Courts take judicial notice; the seals of all the Courts in India and of all Courts out of  India established by the authority of the Central Government or the Crown representative; the seals off Court of Admiralty and Maritime jurisdiction and of Notaries Public and all seals which any person is authorized to use by theConstitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law inIndia;
7. The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any state, 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 of India;
9. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays notified in the Official Gazette;
10. The territories under the dominion of the Government of India;
11. The commencement, continuance and termination of hostilities betweenthe Government of India 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, attorneys, proctors, vakils, pleaders 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 report 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.

Section- 58. Facts admitted need not be proved

No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the fine they are deemed to have admitted by their pleadings:

Providedthat the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions

Section 58 applies to admission in pleadings and not to evidentiary admissions(section 17 to 30).

Admission in section 58 is conclusive and admission previously discussed i.e, evidentiary admissions are only relevant.

Section 58 lays down that if the parties to the proceeding or their agents agree to admit a fact at the hearing or which they agree to admit by writing under their hands before hearing or which by any rule of pleading in force at the time, they are deemed to have admitted by their pleading, it need not be proved.

“They be themselves can be made the foundation of the rights of the parties.” Even implied admission cannot be allowed to be withdrawn by way of amendment of written statement.

Admission is the best evidence that can be relied upon, and though not conclusive, is decisive of the matter, unless successfully withdrawn or proved erroneous.

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