Vol. 12 · pages 646–650

625LAW OF EVIDENCE 3 Under the third head of disputes there arises the following case— (i)… (Space left blank in M.S.—ed.) Difference between latent ambiguity and patent Ambiguity. II How to prove the contents of a Document ? 1. What are the requirements of the Rule of Best Evidence with regard to the proof of the Contents of a Document ? 2. There are two requirements in this respect as laid down in the Evidence Act. (i) The contents of a document must be proved by Primary Evidence. (ii) The document must be proved to be genuine. § What is meant by Primary Evidence ? Sec. 62. (1) Primary Evidence means the document itself produced for the inspection of the Court. Explanation (Space left blank in M. S.—ed.) § How to prove that the document is genuine ? 1. For the purpose of proving their genuineness the Evidence divides documents into two classes (l) Public Documents and (2) Private Documents. 2. Public Document is defined in Sec. 74. 3. Section 75 declares that any document which is not a public document is a private document.

626 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 4. The rules for proving the genuineness of a document differs according as the document is a public document or a private document. 5. The mode of proving the genuineness of a public document is stated in Sections 76-78. 6. The mode of proving the genuineness of a private document is stated in Sections 67-75. 7. Private documents must generally be proved by the production of the original coupled with the evidence of the handwriting, signature or execution as the case may be. Exception—will may be proved by probate. 8. The genuineness of public documents may be proved either by the production of certified copies under Section 77 or if they be documents of the kind mentioned in Section 78 the various modes prescribed in that section. 9. With regard to the burden of the genuineness of a document whether it is public or private, the Evidence Act enacts certain presumptions which are contained in Sections 79-90 although they are not conclusive presumptions. 10. These presumptions fall into classes: (1) Those in which the Court shall presume.79-85 and 89. (2) Those in which the Court may presume.86-88 and 90. § When is Primary Evidence dispensed with ? (Space left blank in M. S.—ed.) § How are the Contents of a document proved where Primary Evidence is dispensed with ? 1. By Secondary Evidence. (Space left blank in M.S.—ed.) § What is Secondary Evidence ? (Space left blank in M. S.—ed.)

BURDEN OF PROOF 1. The law requires the person on whom the burden of evidence is placed to discharge the burden. 2. In discharging this Burden of Proof the following considerations must be borne in mind :— (i) There are matters of which Proof is not required. (ii) There are matters of which Proof is not allowed. 3. Under (i) his burden is lightened while under (ii) his burden is increased.

BURDEN OF PROOF (i) Matters of which Proof is not required by Law 1. Matters of which Proof is not required by Law fall under three heads : (a) Matters which are judicially noticed. (b) Matters which are admitted by parties. (c) Matters the existence of which is presumed by Law. § Matters which are judicially noticed 1. Sections 56 and 57 deal with facts which are judicially noticed. Section 57 enumerates 13 matters of which judicial notice must be taken. Section 56 says that no fact of which the Court will take judicial notice need be proved by evidence. Parties are relieved from the burden of adducing evidence to prove a fact which falls under any one of the matters failing under Section 57 of which judicial notice must be taken. 2. The principle underlying the Sections.— Certain matters are so notorious and are so clearly established that it would be useless to insist that they should be proved by evidence Illus. . 1 The commencement and continuance of hostilities. 2. The Geographical Divisions of the Country These facts are so notorious that proof of them by evidence is superfluous. 3. Matters enumerated in Section 57. (i) RULES HAVING THE FORCE or LAW. Many Acts contain a Section empowering the Local Government to make rules for carrying into effect the provisions of the Act and declaring that such rules shall have the force of Law e. g. Rules made under the Government of India Act. Such rules fall within the purview of this section.