Judgments, orders, or decrees made earlier in legal cases can very much impact whether a court can or should take on a new case.Sections 34 to 38 of the Bharatiya Sakshya Adhiniyam,2023(BSA) explains how these past decisions of the court can influence and affect the future legal actions.
Ordinarily,the judgment in previous cases will not be admissible in subsequent cases but from Section 34 to 36 of BSA lays down certain instances when previous judgment could be used as evidence in subsequent cases and are relevant.Section 37 of BSA provides that judgment are not relevant unless they are declared by the Act.
What Is the Relevance of Previous Judgments?
Previous judgments play a very crucial role as they help in determining whether a court is allowed to hear a new fresh case or hold a trial. If a similar issue in any past case has been decided already , the previous judgment may either prevent the new case from going forward or strongly influence its outcome .Judgments in cases like probate (wills), matrimonial (family law), admiralty (maritime law), or insolvency (bankruptcy) helps in establishing legal rights that are considered to be relevant in future cases.
Key Components
Section 34: Previous judgment relevant to bar a second suit or trial (Earlier section 40 of IEA)
- Res judicata under section 11 of C.P.C
- Double jeopardy under Section 337 of the Bharatiya Nagarik Suraksha Sanhita,2023(BNSS) 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.
Section 35: Judgments in Probate, Matrimonial, Admiralty, and Insolvency Jurisdiction (Earlier Section 41 of IEA)
- Final judgment,order or decree of a court exercising probate,matrimonial,admiralty or insolvency
- Are ‘judgments 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.
- These Judgments are considered relevant as they grant or take away legal rights or statuses, like declaring someone as an heir or determination of ownership of property.
- It is a irrebuttable presumption of law.
Section 36:Public Nature Judgments (Earlier Section 42 of IEA)
- Matter of public nature
- This section covers judgments, orders, or decrees not specifically mentioned under Section 35 of BSA.
- Are not conclusive proof,it means they can be challenged or might require additional evidence.
Section 37:Irrelevance of Other Judgments (Earlier Section 43 of IEA)
- This section is an exception.
- Judgments,orders or decrees not mentioned in Sections 34, 35, or 36 of BSA are considered irrelevant unless the existence of them is Fact in issue or relevant under some other provisions of Bharatiya Sakshya Adhiniyam,2023(BNS)
Section 38 allows to challenge the validity of a judgment, order, or decree introduced by the opposing party under Sections 34, 35, or 36 of BSA. A party can challenge that the judgment was given by an incompetent court or obtained by fraud or collusion. If proven, this can make the judgment invalid or less influential in the current case.
Exceptions
Judgments are usually relevant but they may be challenged that they were obtained through fraud, collusion, or delivered by a incompetent court without proper authority.Section 38 of BSA allows the affected party to present evidence to challenge the validity of the judgment.
Example
- A sues B for trespassing on his land. B says that there is a public right of way across the land, which A refuses to admit. If a previous court judgment involving a third party i.e. C exists on the same issue, it might be relevant in A’s case against B.This previous decision is not conclusive proof , it’s just relevant information.
- A prosecutes B for stealing a cow and he wins the case. Later, A sues C, who bought the cow from B before B’s conviction. In this new case between A and C, the previous conviction of B is not relevant.
- A gets a court order for land possession against B. Later, B’s son murders A because of this judgment of the case. The judgment against B will be considered relevant in the murder case as evidence of the motive.
Why Is This Important?
Previous judgments, orders, and decrees play a very important role in shaping the outcomes of future legal cases. Sections 34 to 38 of Bharatiya Sakshya Adhiniyam,2023(BSA) shows when these judgments are relevant and when they are not.They help in influencing new cases, and circumstances under which they can be challenged. Knowing how these sections work helps in ensuring that legal decisions are unbiased,fair, consistent, and based on established facts.
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