RELEVANCY OF JUDGEMENT (SECTION 40-44)

by | Aug 29, 2023

Ordinarily,the judgment in previous cases will not be admissible in subsequent cases but from Section 40 to 42 of Indian Evidence Act, lays down certain instances when previous judgment could be used as evidence in subsequent cases and are relevant.Section 43 of the Act provides that judgment are not relevant unless they are declared by the Act.

1-Previous judgment relevant to bar a second suit or trial (section 40)-

  • Res judicata under section 11 of C.P.C
  • Double jeopardy under Section 300 of Cr.P.C in criminal proceedings.
  • Deals with judgment in personam which binds only the parties to the suit or their privies and not the world at large.

 2-Relevancy of judgment in  probate,etc. Jurisdiction (Section41)

  • Final judgment,order or decree of a court exercising probate,matrimonial,admiralty or insolvency 
  • Are judgment in rem and conclusive in nature which decide the legal character of a person and which is binding against the world at large apart from the parties to the case.

3-Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41 (Section 42)-

  • Matter of public nature
  • Are not conclusive proof

4-Judgments other than those mentioned under Section 40 to Section 42 (Section 43)-

  • This section is an exception 
  • Judgments,orders or decrees under this section are irrelevant unless the existence of them is Fact in issue or relevant under some other provisions of Indian Evidence Act.

5-Obtaining a judgment or proving incompetence could involve demonstrating fraud or collusion (section 44)

 

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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