RELEVANCY OF JUDGMENT

AMISHA GAUTAM
18BAL1099
BBA. LL.B (HONS.)
 JUDGMENT

• Judgment is defined in section 2(9) of Code of Civil Procedure, 1908.

• Judgment is the statement given by the judge on the ground of decree or order.
• In other words, judgment is the reasoning given by the court in order to support
its decision.
• Order20,Rule4(2) of CPC says that a judgment shall contain a concise statement
of the case, the points of determination, the decision and all the reasons for such
decision.
SECTION 40 TO 44 OF
INDIAN EVIDENCE ACT,1872
• Section 40 to 44 of Indian Evidence Act,1872 deals with the provisions
relating to the judgments of court of justice, when relevant.
• Section 40 deals with the relevancy of previous judgment to bar a second
suit or trial.
• Section 41 deals with the relevancy of certain judgments in probate,
matrimonial, etc.
• Section 42 deals with the relevancy and effect of judgments, orders or
decrees other than those mentioned in section 41.
• Section 43 deals with the relevancy of judgment other than those mentioned
in sections 40 to 42.
• Section 44 deals with fraud or collusion in obtaining judgment or
incompetency of court, may be proved.
 OBJECT OF THE PROVISIONS

• The object of the provisions of this chapter is to avoid the multiplicity

of suit and to save the time of the court.
 PREVIOUS JUDGMENT RELEVANT TO
BAR A SECOND SUIT OR TRIAL
(SECTION 40)

• The existence of any judgment, order or decree which by law prevents any court
from taking cognizance of suit or holding a trial is a relevant fact when the
question is whether such court ought to take cognizance of such suit, or to hold
such trial.
• The previous judgment in civil suit between same parties, principle of res
judicata may apply as provided under section 11 of Code of Civil Procedure,
1908 and in Code of Criminal Procedure and constitution, it is provided that no
one shall be punished twice for the same offence i.e., Doctrine of Double
Jeopardy.
RELEVANCY OF CERTAIN JUDGMENTS
IN PROBATE, ADMIRALTY, ETC
JURISDICTION (SECTION 41)
• A final judgment, decree or order 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 declares any person to be
entitled to any such character or specific thing against the whole world.
• The judgment is applicable as judgment in rem.
• Judgments under section 41 is conclusive proof and are irrebuttable in nature.
RELEVANCY AND EFFECT OF
JUDGMENTS, ORDER, DECREES OTHER
THAN THOSE MENTIONED IN SECTION
41

• According to section 42 of IEA,1872 judgments other than those mentioned in

section 41 are relevant if they relate to matters of a public nature relevant to the
enquiry but are not conclusive proof of that which they state.
JUDGMENTS OTHER THAN THOSE
MENTIONED IN SECTION 40 TO 42,
WHEN RELEVANT

• Judgments, etc, other than those mentioned in section40 to 42 are irrelevant

unless the existence of such judgment, etc, is a fact in issue or relevant under
some other provisions of IEA.
 FRAUD OR COLLUSION IN OBTAINING
JUDGMENT OR INCOMPETENCY OF
COURT MAY BE PROVED

• Section 44 of IEA,1872 provides that any party to a suit or other proceeding

may show that the judgment, decree or order was delivered by an incompetent
court or was obtained by fraud or collusion.
CONCLUSION
• Section 40 to section 44 of IEA,1872 deals with the relevancy of judgments of
court of justice.
• It is based on the Doctrine of Res Judicata (Section 11 of Code of Civil
Procedure,1908) and Doctrine of Double Jeopardy (Section 300 of Cr.P.C and
Article 20(2) of the constitution of India).
THANK YOU