BSA Section 35 — Relevancy of certain judgments in probate, etc., jurisdiction

Summary

Sub-section (1) explains when a final judgment, order or decree from a competent Court or Tribunal is considered relevant in a later case. This applies only to judgments made in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction. Such a judgment is relevant if it either gives a person a legal character, takes away a legal character, declares a person to be entitled to a legal character, or declares a person to be entitled to a specific thing — but only if that entitlement is absolute, meaning it is not against any particular person. This judgment becomes relevant when the existence of that legal character or the title to that thing is itself a relevant fact in the later case.

Sub-section (2) states that such a judgment, order or decree is conclusive proof of four specific things. Under clause (i), any legal character that the judgment confers is conclusively proven to have accrued at the time the judgment came into operation. Under clause (ii), any legal character that the judgment declares a person to be entitled to is conclusively proven to have accrued at the time the judgment declares it to have accrued. Under clause (iii), any legal character that the judgment takes away is conclusively proven to have ceased at the time the judgment declared it had ceased or should cease. Under clause (iv), anything that the judgment declares a person to be entitled to is conclusively proven to have been that person's property at the time the judgment declares it had been or should be that person's property.

Official Text

(1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency 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.

(2) Such judgment, order or decree is conclusive proof that—

(i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation;

(ii) 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;

(iii) 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

(iv) 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.

Referred to by

• BSA §36 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
• BSA §37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
• BSA §38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Old <-> New Code Mapping

• IEA §41 — Relevancy of certain judgments in probate, etc., jurisdiction