Evidence Act · 2014 Revised Edition · Chapter II
Section 41
Official textFrom Attorney General's Chambers, unchanged
A final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or bankruptcy 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.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
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;
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;
Evidence
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
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.
Relevancy and effect of judgments, orders or decrees other than those mentioned in section 41.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III