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Judicial Notice

Certain facts are supposed to be already within the knowledge of court. So such facts need not be proved. They are supposed to be within the notice of the court. Facts which are quite famous or notorious may be subject matter of judicial notice. Similarly facts which are beyond controversy are judicially noticeable such as a week has 7 days, Saturday is the official holiday of Nepal, Falgun 7 is the democracy day .These facts can not be a bone of contention. So they need not be proved. The court perse acts upon them. Section 5 of the Evidence Act 2031 of Nepal deals with judicial notice. The section gains some examples in which the court is supposed to take judicial notice.They may be stated as follows;

  1. The National Anthem
  2. Signature(sign manual) of the Head of State
  3. The geographical condition of the country
  4. The constitution of of Nepal and the laws of the Nepal
  5. Notice Published in Nepal Gazette
  6. Other facts which are beyond controversy the court is regarded as expert of the law of Nepal and the constitution. The facts stated above are one famous and beyond controversy. Notice published in Nepal Gazette is the notification of Nepal Government to public at large. So such fact are taken by the court without pursuing the process of admitting evidence. However, when the court is not certain in any fact, the court may order to the parties to the litigation to produce such materials which assist it to take judicial notice. Such materials are not evidence; they are materials which assist the court to refresh its memory.

Improper Admission and rejections of evidence:

If any court admits any improper evidence or rejects proper evidence in any court proceeding the decision does not fail or stand for the very reason unless it is proved that the rejection or admission of any evidence has crucial effect at the adjudication .[Section 54 of the Evidence Act 2031 of Nepal]

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