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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter III

FACTS WHICH NEED NOT BE PROVED

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:-
 
 
2[(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].
 
 
Explanation.– [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
 
 
(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.
Facts admitted need not be proved
58. No fact need 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 or pleading in force at the time they are deemed to have admitted by their pleadings:
 
 
Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.
 
 

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Ministry of Law, Justice and Parliamentary Affairs