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Which of the following is NOT true with respect to relevancy of judgments?
As a matter of general principle, the judgment of a previous case is relevant in another case
Exceptions have been provided in Sections 40 to 42
If a judgment is not relevant under sections 40 to 42, then it will not be relevant under any other provision of the Evidence Act.
All the above
Section 40. Previous judgments relevant to bar a second suit or trial. –– The existence of any judgment, order or decree which by law prevents any Court 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. 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 any 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 or 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 at the time when such judgment 1 [order or decree] declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, 1 [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, 1 [order or decree] declares that it had been or should be his property.
Section 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. –– Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.
By: Parvesh Mehta ProfileResourcesReport error
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