Assignment

By
Anees Rajper
BL-0498

Facts in Issue:
The facts in issue are the facts upon which the parties in the case or matter has the dispute.
The facts in issue is defined by Article 2, sub-article 3, of Qanoon-e-Shahadat as;
“any fact from which, either by itself or in connection with other facts, the existence or non-
existence, nature or extent of any right, liability or disability asserted or denied in any suit or
proceeding.”
Example:
The facts in issue can be understood by an example;
Abdullah is alleged to kill Haider. Now when the trial begins, there will be following facts in
issue;
i) Abdullah has killed Haider
ii) Abdullah had the intention to kill Haider.
iii) Abdullah was provoked by Haider to kill him.
The following example tells that there were some facts in which the parties had the dispute
upon. The disagreement upon these facts are called ‘facts in issue’. If the parties agrees upon
the facts or allegation stated above, then, there will be no facts-in-issue in the case and the
judge will proceed the case by pronouncing the judgement.

Judicial Notice:
Facts that may be judicially noticed are the following;
a) Facts of such common knowledge within the community where the court sits that they
cannot reasonably be the subject of dispute.
b) Facts that are capable of accurate and ready determination by resort to sources whose
accuracy cannot reasonably be questioned.
c) Certain facts contained in a disputed records of a court, such as prior orders for kindred
documents, which would not otherwise be inadmissible.
A court may take judicial notice of a fact whether requested or not.
A party is entitled to an opportunity to be heard on whether a court should take judicial notice.
In the absence of prior notification, a party shall upon request, be given an opportunity to be
heard after judicial notice has been taken.
Judicial notice may be taken at any stage of a hearing, trial, or other proceeding.
Article 111-113 of Qanoon-e-Shahadat Ordinance, deals with the topic of Judicial Notice.
According to the article 112 of Qanoon-e-Shahadat Ordinance, the court must take judicial
notice upon the following facts;
(a) All Pakistan laws.
(b) Articles of War for the Armed Forces.
(c) The course of proceeding of the Central Legislature and any Legislature established
under any law for the time being in force in Pakistan.
(d) The seals of all the Courts in Pakistan and of all Courts out of Pakistan established by
the authority of the Federal Government or the Government representative, the seals of
Court of Admiralty and Maritime Jurisdiction and of Notaries Public and all seals which
any person is authorized to use by any Act or Regulation having the force of law in
Pakistan.
(e) The accession to office, names, titles, functions and signatures of the persons filling
for the time being any public office in Pakistan, if the fact of their appointment to such
office is notified in the official Gazette.
(f) The existence, title and national flag of every State of Sovereign recognized by the
Federal Government.
(g) The divisions of time, the geographical divisions of the world, and public festivals,
facts and holidays notified in the official Gazette.
(h) The territories under the dominion of Pakistan
(i) The commencement, continuance and termination of hostilities between Pakistan
and any other State or body of persons.
(j) 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 and other persons authorized by law to appear or act
before it.
(k) The rule of the road on land or at sea.
“Court has to take judicial notice of Pakistan laws.”
(1990 CLC 197)
According to the article 113 of QSO, if the parties agree upon any facts of case then there is no
need of the fact to be proven in the court. In other words, the court may take judicial notice of
such fact.