Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Indian Evidence Act,1872

Act No : 1


Section : RELEVANCY OF CERTAIN JUDGEMENTS IN PROBATE, ETC. JURISDICTION

SECTION 41: RELEVANCY OF CERTAIN JUDGEMENTS IN PROBATE, ETC. JURISDICTION
A final judgement, 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 an 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 judgement, order pr decree is conclusive proof—

that any legal character which it confers accrued at the time when such judgement, order or decree came into operation;

That any legal character, to which it declares any such person to be entitled, accrued, to that person to be entitled, accrued, to that person at the time when such judgement, 28[order or decree ] declares it to have accrued to that person; that any legal character which it takes away from any person ceased at the time from which judgement, 28[ 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 judgement, 28[order or decree] declares that it had been or should be his property.



Read All Comments

Comments





Course