- Published on
KembaraXtra – Legal Terms – Impossibility
Impossibility is a general defence in criminal law that applies where compliance with the law was physically impossible. This defence most often arises in offences of omission, such as failing to act when a person had no knowledge of the circumstances requiring action. However, under the Criminal Attempts Act 1981, a person may still be guilty of attempting a crime even if it was physically or legally impossible to complete.
- Published on
KembaraXtra – Legal Terms – Implied Easement
An implied easement is a right over land that is not expressly granted but is implied into a transfer or lease of land by operation of law. There are four main types. These include easements of necessity, without which land cannot be reasonably used; easements based on the common intention of the parties; easements implied under the rule in Wheeldon v Burrows, where certain conditions relating to prior use are met; and easements implied under section 62 of the Law of Property Act 1925, which can convert certain informal rights or licences into legal easements.
- Published on
KembaraXtra – Legal Terms – Implied Trust
An implied trust arises either from the unexpressed intentions of the parties or by operation of law. Courts infer the existence of such trusts from the facts, conduct, or relationship between the parties. Implied trusts commonly overlap with resulting trusts and constructive trusts, and they reflect equity’s role in preventing unfair outcomes where formal trust arrangements have not been explicitly created.
An implied trust arises either from the unexpressed intentions of the parties or by operation of law. Courts infer the existence of such trusts from the facts, conduct, or relationship between the parties. Implied trusts commonly overlap with resulting trusts and constructive trusts, and they reflect equity’s role in preventing unfair outcomes where formal trust arrangements have not been explicitly created.
- Published on
KembaraXtra – Legal Terms – Implied Contract
An implied contract is a legally binding agreement that is not created through explicit words but is inferred by the courts from the conduct of the parties or from the circumstances of their relationship. The law assumes that, based on how the parties behave or interact, they intended to enter into contractual obligations, even though no formal agreement was spoken or written.
An implied contract is a legally binding agreement that is not created through explicit words but is inferred by the courts from the conduct of the parties or from the circumstances of their relationship. The law assumes that, based on how the parties behave or interact, they intended to enter into contractual obligations, even though no formal agreement was spoken or written.
- Published on
KembaraXtra – Legal Terms – Imprisonment
Imprisonment refers to the lawful detention of a person as a form of punishment following conviction for a criminal offence. The term also appears in other legal contexts, such as false imprisonment, which involves unlawful detention. The nature and duration of imprisonment depend on the sentence imposed by the court.
- Published on
KembaraXtra – Legal Terms – Implementation
Implementation refers to the process by which a law or piece of legislation is formally brought into effect and applied in practice. In the context of European Union law, directives do not automatically become law within member states and must instead be implemented at national level. This is usually achieved through Acts of Parliament or secondary legislation such as statutory instruments or regulations. In the United Kingdom, implementation ensures that EU obligations are translated into enforceable domestic law.
- Published on
KembaraXtra – Legal Terms – Implied Condition
An implied condition is a contractual term that is not expressly stated but is automatically included by law because of the nature of the contract. Breach of an implied condition gives the innocent party the right not only to claim damages but also to treat the contract as terminated. In contracts for the sale of goods, implied conditions commonly include the seller’s right to sell, the requirement that goods match their description, and—where the sale is in the course of business—that the goods are of satisfactory quality and fit for their intended purpose.
An implied condition is a contractual term that is not expressly stated but is automatically included by law because of the nature of the contract. Breach of an implied condition gives the innocent party the right not only to claim damages but also to treat the contract as terminated. In contracts for the sale of goods, implied conditions commonly include the seller’s right to sell, the requirement that goods match their description, and—where the sale is in the course of business—that the goods are of satisfactory quality and fit for their intended purpose.
- Published on
KembaraXtra – Legal Terms – Impotence
Impotence is the inability of a person to engage in normal sexual intercourse. In marriage law, permanent and incurable impotence renders a marriage voidable, allowing either party to seek a decree of nullity. It is sometimes referred to as canonical disability and must be distinguished from a wilful refusal to consummate the marriage.
- Published on
KembaraXtra – Legal Terms – Impossibility of Performance
Impossibility of performance occurs when it is impossible to carry out a contractual obligation. If the impossibility exists at the time the contract is made—such as when the subject matter no longer exists—the contract is void for mistake. If the impossibility arises after the contract is formed, the contract may be discharged under the doctrine of frustration, releasing both parties from further obligations.
- Published on
KembaraXtra-Indian Evidence Law - Bharatiya Sakshya Adhiniyam 2023-Facts Judicially Noticeable Need Not Be Proved (Section 51, Bharatiya Sakshya Adhiniyam, 2023)
Statutory Provision
Section 51 of the Bharatiya Sakshya Adhiniyam, 2023 provides that no fact of which the Court will take judicial notice need be proved. This section lays down a fundamental exception to the general rule that all facts must be proved by evidence.
Nature and Scope of Section 51
Section 51 recognizes the authority of the Court to accept certain facts without formal proof where such facts are:
IllustrationsCourts do not insist on formal proof of facts that are:
The outbreak of the COVID-19 pandemic is a fact of public notoriety and is judicially noticeable.
Doctrine of Judicial Notice: Key Principles
The concept of judicial notice under Section 51 may be summarized as follows:
Conclusion
Section 51 embodies the principle that proof is unnecessary where knowledge is certain. It promotes judicial efficiency by avoiding needless proof of indisputable facts, while ensuring that the doctrine of judicial notice is applied cautiously, particularly in criminal trials.
Statutory Provision
Section 51 of the Bharatiya Sakshya Adhiniyam, 2023 provides that no fact of which the Court will take judicial notice need be proved. This section lays down a fundamental exception to the general rule that all facts must be proved by evidence.
Nature and Scope of Section 51
Section 51 recognizes the authority of the Court to accept certain facts without formal proof where such facts are:
- Of common or public knowledge, or
- Derived from sources whose accuracy is unquestionable, or
- Reflected in authoritative official or court records.
IllustrationsCourts do not insist on formal proof of facts that are:
- Notorious historical events (past or present),
- Dates of general elections or polls,
- Death of eminent public personalities,
- National or global events that have affected society at large.
The outbreak of the COVID-19 pandemic is a fact of public notoriety and is judicially noticeable.
Doctrine of Judicial Notice: Key Principles
The concept of judicial notice under Section 51 may be summarized as follows:
- Exception to the General Rule of Proof
Section 51 operates as an exception to the general rule of evidence which requires facts to be proved by oral or documentary evidence. - Facts of Common Knowledge
The Court may take judicial notice of facts which are:- Universally known,
- Commonly accepted,
- Beyond reasonable doubt or controversy.
- Limited Application in Criminal Cases
Except in rare and exceptional circumstances, judicial notice is not ordinarily taken in criminal proceedings. Criminal cases are generally decided on the basis of:- Oral evidence,
- Documentary evidence, and
- Material evidence produced by the parties,
to determine the guilt or innocence of the accused.
Conclusion
Section 51 embodies the principle that proof is unnecessary where knowledge is certain. It promotes judicial efficiency by avoiding needless proof of indisputable facts, while ensuring that the doctrine of judicial notice is applied cautiously, particularly in criminal trials.
