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Report No. 185

34. Amendment of section 57.-

In section 57 of the principal Act,

(a) in clause (1), the following Explanations shall be inserted at the end, namely:-

"Explanation I.- Where, by virtue of this section, the Court is bound to take judicial notice, and the question relates to the existence, extent, commencement of the terms of a statutory instrument, the Court shall, for the purpose of deciding the question, resort for its aid to appropriate books or documents of reference, if such books or documents are readily available, before calling upon the party concerned to produce such books or documents.

Explanation II.-'Statutory instrument' means a rule, notification, bye- law, order, scheme, or other instrument made under an enactment."

(b) for clause (2), the following clause shall be substituted, namely :-

"(2) All public Acts passed by Parliament of the United Kingdom before the fifteenth day of August 1947 and local and personal Acts directed by Parliament of the United Kingdom before that date, to be judicially noticed."

(c) for clauses (4) to (7), the following clauses shall be substituted, namely:-

"(4) The course of proceeding of Parliament of the United Kingdom before the fifteenth day of August 1947, of the Constituent Assembly of India, of Parliament and of legislatures established under any laws for the time being in force in a Province before the said date or in the States;

(5) The accession and sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland in relation to any act done before the fifteenth day of August 1947;

(6) The following seals, that is to say,

(a) All seals of which English Court take judicial notice in relation to any act done before the fifteenth day of August 1947:

(b) The seals of all Courts in India;

(c) Seals of all Courts out of India, established by the authority of the Central Government;

(d) Seals of law Courts established by the authority of the Crown Representative in relation to any act done before the fifteenth day of August 1947.

(e) Seals of Courts of Admiralty and Maritime Jurisdiction and Notaries Public;and

(f) All seals which any person is authorized to use by an Act of Parliament of the United Kingdom in relation to any act done before the fifteenth day of August 1947 or by the Constitution of India or an Act or Regulation having the force of law in India;

(7) The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in India or any State, if the fact of their appointment to such office is notified in any Official Gazette;"



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