FACTS OF WHICH THE COURT TAKES JUDICIAL NOTICE:   

PRELIMINARY NOTE:

Chapter VII of the Qanun-e-Shahadat Order 1984 (Q.S.O) provides for the facts that need not be formally proved. These include facts of which the court may take judicial notice and facts that are admitted by the parties.

RELEVANT PROVISIONS:

Articles 111-113 of Q.S.O 1984

FACTS WHICH NEED NOT BE PROVED:

The general rule is that "all facts must be proved by evidence." However, Articles 111 and 113 provide exceptions where certain facts need not be proved.

1. FACTS JUDICIALLY NOTICEABLE (ARTICLE 111):
   Judicial notice refers to the recognition by the court of certain matters which are so notorious or clearly established that evidence of their existence is unnecessary. The judge may use their own knowledge of general or public facts, whether historical, scientific, political, or otherwise. The court may take judicial notice of facts that have already been established and recognized in previous cases or proceedings.

Article 111 of the Q.S.O 1984 provides that "No fact of which the court will take notice need to be proved." Article 112 further elaborates on the facts of which the court may take judicial notice.

FACTS OF WHICH THE COURT TAKES JUDICIAL NOTICE:

1. All laws in force within the territory of Pakistan.

2. Articles of war for the armed forces.

3. The course of proceedings of the central legislature and any person authorized by any legislature established under any law in force in Pakistan.

4. The seals of all courts in Pakistan and courts established outside Pakistan by the authority of the federal government or the representative of the government; the seals of admiralty and maritime courts and notaries public, as well as all seals recognized by acts or regulations with the force of law in Pakistan.

5. The accession to office, names, titles, functions, and signatures of persons filling public offices in Pakistan, provided their appointment is notified in the official gazette.

6. The existence, title, and national flag of every state or sovereign recognized by the federal government.

7. The divisions of time, the geographical divisions of the world, and public festivals, fasts, and holidays notified in the official gazette.

8. The territories under the dominion of Pakistan.

9. The commencement, continuation, and termination of hostilities between Pakistan and any other state or body of persons.

10. The names of the members and officers of the court, their deputies, subordinate officers, assistants, and all officers acting in execution of its process, along with all advocates and other persons authorized by law to appear or act before the court.

11. The rules of the road on land or at sea.

In all cases referred to in clause (1) and on all matters of public history, literature, science, or art, the court may resort to appropriate books or documents of reference for assistance. If a party requests the court to take judicial notice of a fact, the court may refuse unless the party produces a book or document that the court considers necessary.

1. FACTS ADMITTED NEED NOT BE PROVED (ARTICLE 113):

Article 113 specifies that a fact need not be proved if:

a) The parties agree to admit it during the hearing.
b) The parties agree to admit it in writing before the hearing.
c) The parties are deemed to have admitted it by their pleadings under the applicable rules.

According to the proviso of Article 113, the court may, at its discretion, require facts admitted to be proved otherwise than by such admissions. It is important to note that while admissions are not conclusive proof of the matter admitted, they may operate as estoppels under Articles 114 to 116 of the Q.S.O 1984.

CONCLUSION:

The provisions of Articles 111-113 of the Q.S.O 1984 provide important exceptions to the general rule that all facts must be proven by evidence. Facts that are judicially noticeable, such as laws in force, governmental seals, and public records, do not need to be formally proved, as the court can take notice of them based on its own knowledge. Similarly, facts that are admitted by the parties—either during the hearing or in writing—are not subject to formal proof. However, the court retains the discretion to require further proof of these admitted facts if necessary, and the admissions made by the parties may influence the outcome of the case through the doctrine of estoppel. These provisions help streamline the process of litigation and reduce unnecessary formalities in presenting evidence