Section 40 to 44 of the Indian Evidence act talk about the judgement of Court of Justice when relevant.
Section 40 of Indian Evidence Act previous judgement relevant
Section 40 talk about the previous judgement relevant which put bar on second suit or trial.
- Any judgement order decree.
- If it prevent court from taking cognizes of a suit are trial are relevant.
- It incorporates doctrine of res judicata in civil.
- And in criminal autre fois acquit and autre fois convect.
Section 41 relevancy of certain judgement
- final judgement order decree of court.
- probate Matrimony admirality and insolvency jurisdiction.
- declare or takes away any legal character of person are relevant.
Example: A and B are party there dispute on Matrimony, they are husband and wife and want divorce, Court held their divorce, it is declared or take away the legal character of the person means court declaring that they are not husband and wife end of their marital relation.
Such final judgement, order, decree of the court which declare him and take away character of person is relevant under section 41, it operates as conclusive proof.
Section 42 of Indian Evidence Act
Relevancy of judgement other than those mentioned in section 41. They will be relevant if
- They relate to matter of public nature.
- And it is relevant to inquiry.
They are not conclusive proof unlike section 41 they are admission a piece of evidence.
eg. A sue B for trespass. B l a existence of right of way, which A denies. B shows existence of decree between A and C in which C alleged same right and court decided in C favour, therefore this become relevant under section 42.
- Right of way related to public nature
- Relevant to inquiry.
Section 43 of Indian Evidence Act
Section 43 of Indian Evidence Act Talks about judgement other than those mentioned under section 40 to 42 when relevant. Exception
- when it’s existing is itself a fact in issue.
- when it’s relevant under some other provision of act.
Section 44 of Indian Evidence Act
Section 44 Indian Evidence Act talk about judgement which is relevant under section 40-42 obtain with fraud, Collision, incompetency of court will become a irrelevant and loss evidentiary value.
Means later court came to know that judgement is obtained by, fraud, corrosion, delivered by incompetent Court, then it will lose its evidentiary value and become a irrelevant under Section 44.