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Syariah Courts Evidence Order, 2001 · s 38

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s 38

Judgments, orders or decrees other than those mentioned in section 37 are relevant if they relate to matters of a public nature relevant to the inquiry; but such judgments/ orders or decrees are not conclusive proof of that which they state.

Illustration

A sues B for trespass on his land. B alleges the existence of a public right of way over the land which A denies.

The existence of a decree in favour of the defendant in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way is relevant/ but it is not conclusive proof that the right of way exists.

Judgments, orders or decrees other than those mentioned in sections 36 to 38 when relevant.