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Section 41 Indian Evidence Act 1872: Relevancy of certain judgments in probate, etc., jurisdiction

Section 41 (Relevancy of certain judgments in probate, etc., jurisdiction) under Chapter II (Of the Relevancy of Facts - Judgments of Courts of Justice when Relevant) of Part I (Relevancy of Facts) of the Indian Evidence Act, 1872 —

❝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 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, 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, order or decree declares that it had been or should be his property.❞



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Notes:

The Indian Evidence Act, 1872 (Act No. 1 of 1872) was amended by:

01. Indian Evidence Act Amendment Act, 1872 (Act No. 18 of 1872);
02. Indian Evidence Act, 1872 Amendment Act, 1887 (Act No. 03 of 1887);
03. Indian Evidence Act, 1872 Amendment Act, 1891 (Act No. 03 of 1891);
04. Indian Evidence Act, 1899 (Act No. 05 of 1899);
05. Repealing and Amending Act, 1914 (Act No. 10 of 1914);
06. Repealing and Amending Act, 1919 (Act No. 18 of 1919);
07. Indian Evidence (Amendment) Act, 1926 (Act No. 31 of 1926);
08. Repealing and Amending Act, 1927 (Act No. 10 of 1927);
09. Amending Act, 1934 (Act No. 35 of 1934);
10. Government of India (Adaptation of Indian Laws) Order, 1937;
11. Repealing Act, 1938 (Act No. 01 of 1938);
12. Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
13. Repealing and Amending Act, 1949 (Act No. 40 of 1949);
14. Adaptation of Laws Order, 1950;
15. Part B States (Laws) Act, 1951 (Act No. 03 of 1951);
16. Criminal Law (Amendment) Act, 1983 (Act No. 43 of 1983);
17. Criminal Law (Second Amendment) Act, 1983 (Act No. 46 of 1983);
18. Terrorist Affected Areas (Special Courts) Act, 1984 (Act No. 61 of 1984);
19. Information Technology Act, 2000 (Act No. 21 of 2000);
20. Indian Evidence (Amendment) Act, 2002 (Act No. 04 of 2003);
21. Criminal Law (Amendment) Act, 2005 (Act No. 02 of 2006);
22. Information Technology (Amendment) Act, 2008 (Act No. 10 of 2009);
23. Criminal Law (Amendment) Act, 2013 (Act No. 13 of 2013);
24. Criminal Law (Amendment) Act, 2018 (Act No. 22 of 2018).

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