Section 43State of Jammu-Kashmir Act

Section 43: Judgments, etc. other than those mentioned in sections 40 to 42, when relevant

The Evidence Act, 1977 (1920 A.D)

Judgments, 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 use C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances arc 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 13 for adultery with C, A's wife.

B denies that is A's wife, but the Court convicts B of adultery.Afterwards, C is prosecuted for bigamy in during A s lifetime, C says that she never was A's 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, B's son, murders A in consequence.

The existence of the judgment is relevant, as showing motive for a crime.

(e)

A is charged with theft and with having been previously convicted of theft. The previous 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.

Sec 42 — Relevancy and effect of judgments, orders, or decrees, other than those mentioned in section 41

Sec 44 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.