Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

Practice Mode:
41.

Under section 57 of the Evidence Act, the court is not bound to take judicial notice of which of the following facts ?

A: The existence of every state recognised by the Government of India
B: The title of every state recognised by the Government of India
C: The national flag of every state recognised by the Government of India
D: The national emblem of every state recognised by the Government of India.

The answer is: D

Explanation

The correct option is D: The national emblem of every state recognized by the Government of India.

Explanation:

Section 57 of the Indian Evidence Act deals with the doctrine of judicial notice. Judicial notice is the recognition and acceptance by the court, without requiring formal proof, of certain facts that are commonly known and accepted within the jurisdiction. However, there are exceptions to what facts the court must take judicial notice of.

In this case, the correct option, D, states that the court is not bound to take judicial notice of the national emblem of every state recognized by the Government of India. This means that the court is not required to automatically accept and recognize the national emblem of every state without formal proof or evidence presented during the proceedings.

Options A, B, and C deal with facts related to states recognized by the Government of India, such as their existence, titles, and national flags. These are examples of facts that the court is generally bound to take judicial notice of under Section 57, unless proven otherwise. However, the national emblem is not explicitly mentioned in Section 57, so the court is not obligated to accept it as a fact without proper evidence or proof.