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

Judgment, etc., other than those mentioned in sections 40 to 42, when relevant is defined under section 43 of Indian Evidence Act 1872. Provisions under this section is:

Section 43 of Evidence Act "Judgment, etc., other than those mentioned in sections 40 to 42, when relevant"

Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this Act.

Illustrations

(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says, that the matter alleged to be libelous is true, and the circumstances are such that it is probably true in each case, or in neither.

A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.

(b) A prosecutes B for adultery with C, As wife.
B denies that C is As wife, but the Court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during As lifetime. C says that she never was As wife
The judgment against B is irrelevant as against C.

(c) A prosecutes B for stealing a cow from him, B is convicted.
A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.

(d) A has obtained a decree for the possession of land against B, C, Bs son, murders A is consequence.
The existence of the judgment is relevant, as showing motive for a crime.

29[(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.

(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.

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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