Syariah Courts Evidence Order, 2001 · s 39

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39. J udgmentS1 orders or decrees other than those mentioned in sections 36 to 38 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 Order.
1557

Illustrations
{a)
A and B separately sue 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 are 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 Band C.
(b) 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.
{c)
A is charged with theft and with having been previously convicted of theft.
The previous conviction is relevant as a fact in issue.
(d)
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 11 as showing the motive for the fact in issue.
Fraud or collusion in obtaining judgment or incompetency of Court may be proved.

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s 39

J udgmentS1 orders or decrees other than those mentioned in sections 36 to 38 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 Order.

1557

Illustrations

{a)

A and B separately sue 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 are 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 Band C.

(b)

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.

{c)

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

The previous conviction is relevant as a fact in issue.

(d)

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 11 as showing the motive for the fact in issue.

Fraud or collusion in obtaining judgment or incompetency of Court may be proved.