Section 52 of BSA : Section 52: Facts of which Court shall take judicial notice.

Explanation using Example

Example 1:

Scenario: A dispute arises in a court in Mumbai regarding the validity of a contract signed under a new law passed by the Parliament of India.

Application of Section 52: The court will take judicial notice of the new law without requiring any party to prove its existence or content. This means the judge will acknowledge the law as valid and in force without needing additional evidence.

Example 2:

Scenario: During a trial in Delhi, a question arises about the official public holidays in India for the year 2023.

Application of Section 52: The court will take judicial notice of the public holidays as notified in the Official Gazette. The parties do not need to provide evidence of these holidays; the judge will recognize them as official.

Example 3:

Scenario: A case in Chennai involves a dispute over the recognition of a foreign sovereign state by the Government of India.

Application of Section 52: The court will take judicial notice of the existence and title of the foreign sovereign state as recognized by the Government of India. No party needs to prove this recognition; the court will acknowledge it based on official records.

Example 4:

Scenario: In a maritime dispute in Kolkata, the authenticity of a seal used by a Notary Public is questioned.

Application of Section 52: The court will take judicial notice of the seal of the Notary Public, as it is authorized by the Constitution or an Act of Parliament. The parties do not need to provide further proof of the seal's authenticity.

Example 5:

Scenario: A legal proceeding in Bengaluru involves the appointment of a new Chief Minister of Karnataka, and the opposing party challenges the legitimacy of the appointment.

Application of Section 52: The court will take judicial notice of the Chief Minister's appointment if it has been notified in the Official Gazette. The judge will recognize the appointment without requiring additional evidence.

Example 6:

Scenario: A case in Hyderabad involves a dispute over the rules of the road applicable to a traffic accident.

Application of Section 52: The court will take judicial notice of the rule of the road on land, as these are established and recognized laws. The parties do not need to provide evidence of these rules; the judge will apply them directly.

Example 7:

Scenario: During a trial in Jaipur, a question arises about the geographical divisions of India for determining jurisdiction.

Application of Section 52: The court will take judicial notice of the geographical divisions of India. The parties do not need to provide maps or other evidence; the judge will recognize the official divisions as per government records.