Evidence Act: Section 59's 'Judicial Notice' - A Reality Check

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When I interned at a HC, our team was working on a case where the plaintiff claimed that a particular road was in a 'dangerous condition'. The judge took judicial notice of traffic data from a nearby police station, which showed a high incidence of accidents on that road. What the textbooks didn't tell us is that the judge can take judicial notice of a fact only if it's not reasonably possible for the party to prove it. The 'dangerous condition' of the road was a fact that could have been proven through expert testimony or evidence from another source, so the judge shouldn't have taken judicial notice. But the point is, in practical courtrooms, judges do take judicial notice, and we need to be aware of the implications.

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