What is Previous judgments relevant to bar a second suit or trial Relevancy of certain judgments in probate, etc. jurisdiction? Section 40 and 41 of Indian Evidence Act 1872

Previous judgments relevant to bar a second suit or trial and Relevancy of certain judgments in probate, etc. jurisdiction are defined under section 40 and 41 of Indian Evidence Act 1872. Provisions under these sections are:

Section 40 of Evidence Act "Previous judgments relevant to bar a second suit or trial"

The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit, or to hold such trial.

Section 41 of Evidence Act "Relevancy of certain judgments in probate, etc. jurisdiction"

A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to an specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.

Such judgment, order pr decree is conclusive proof -

that any legal character which it confers accrued at the time when such judgment, order or decree came into operation;

That any legal character, to which it declares any such person to be entitled, accrued, to that person to be entitled, accrued, to that person at the time when such judgment, [order or decree ] declares it to have accrued to that person; that any legal character which it takes away from any person ceased at the time from which judgment, [ order or decree ] declared that it had ceased or should cease;

And that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, [order or decree] declares that it had been or should be his property.

What is admission not conclusive proof, but may estop? What are Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant? Section 31 and 32 of Indian Evidence Act 1872

What is Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated? Section 33 of Indian Evidence Act 1872

What is Entries in books of account when relevant? What is Relevancy of entry in public record made in performance of duty? Section 34 and 35 of Indian Evidence Act 1872

What is Relevancy of statements in maps, charts and plans? What is Relevancy of statement as to fact of public nature, contained in certain acts or notifications? Section 36 and 37 of Indian Evidence Act 1872

What is Relevancy of statements as to any law contained in law-books? What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers? Section 38 and 39 of Indian Evidence Act 1872

What is Previous judgments relevant to bar a second suit or trial Relevancy of certain judgments in probate, etc. jurisdiction? Section 40 and 41 of Indian Evidence Act 1872

What is Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41? Section 42 of Indian Evidence Act 1872

What is Judgment, etc., other than those mentioned in sections 40 to 42, when relevant? Section 43 of Indian Evidence Act 1872

What is Fraud or collusion in obtaining judgment, or in competency of Court, may be proved? What is Opinions of experts? Section 44 and 45 of Indian Evidence Act 1872

What is Facts bearing upon opinions of experts? What is Opinion as to handwriting, when relevant? What is Opinion as to digital signature where relevant? Section 46, 47 and 47a of Indian Evidence Act 1872

What is opinion as to existence of right or custom, when relevant? What is opinion as to usage, tenets, etc., when relevant? What is opinion on relationship, when relevant? Section 48, 49 and 50 of Indian Evidence Act 1872

 

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