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Section 42: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the enquiry; 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.

Where this provision sits

ActThe Indian Evidence Act, 1872
Section42
Marginal noteRelevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
JurisdictionCentral
StatusRepealed
Judgments citing it1

Judgments that turned on this provision

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