BSA Section 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 2: Relevancy of Facts
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36. Judgments,orders or decrees other than those mentioned in section 35 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.
Illustration.
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 3. Evidence may be given of facts in issue and relevant facts
- 4. Relevancy of facts forming part of same transaction
- 5. Facts which are occasion, cause or effect of facts in issue or relevant facts
- 6. Motive, preparation and previous or subsequent conduct
- 7. Facts necessary to explain or introduce fact in issue or relevant facts
- 8. Things said or done by conspirator in reference to common design
- 9. When facts not otherwise relevant become relevant
- 10. Facts tending to enable Court to determine amount are relevant in suits for damages
- 11. Facts relevant when right or custom is in question
- 12. Facts showing existence of state of mind, or of body or bodily feeling
- 13. Facts bearing on question whether act was accidental or intentional
- 14. Existence of course of business when relevant
- 15. Admission defined
- 16. Admission by party to proceeding or his agent
- 17. Admissions by persons whose position must be proved as against party to suit
- 18. Admissions by persons expressly referred to by party to suit
- 19. Proof of admissions against persons making them, and by or on their behalf
- 20. When oral admissions as to contents of documents are relevant
- 21. Admissions in civil cases when relevant
- 22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- 23. Confession to police officer
- 24. Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 25. Admissions not conclusive proof, but may estop
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- 28. Entries in books of account when relevant
- 29. Relevancy of entry in public record or an electronic record made in performance of duty
- 30. Relevancy of statements in maps, charts and plans
- 31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- 32. Relevancy of statements as to any law contained in law books including electronic or digital form
- 33. What evidence to be given when statement forms part of conversation, document, electronic record, book or series of letters or papers
- 34. Previous judgments relevant to bar a second suit or trial
- 35. Relevancy of certain judgments in probate, etc., jurisdiction
- 37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- 38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- 39. Opinions of experts
- 40. Facts bearing upon opinions of experts
- 41. Opinion as to handwriting and signature, when relevant
- 42. Opinion as to existence of general custom or right, when relevant
- 43. Opinion as to usages, tenets, etc., when relevant
- 44. Opinion on relationship, when relevant
- 45. Grounds of opinion, when relevant
- 46. In civil cases character to prove conduct imputed, irrelevant
- 47. In criminal cases previous good character relevant
- 48. Evidence of character or previous sexual experience not relevant in certain cases
- 49. Previous bad character not relevant, except in reply
- 50. Character as affecting damages