BSA Section 36 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

CHAPTER II RELEVANCY OF FACTS — Judgments of Courts when relevant

General

Summary

Judgments, orders, or decrees that are not covered by section 35 are relevant in a case if they relate to matters of a public nature that are relevant to the enquiry. However, such judgments, orders, or decrees are not conclusive proof of what they state—they can be considered as evidence, but they do not settle the matter on their own.

The illustration clarifies this: if A sues B for trespass, and B claims there is a public right of way over the land, a previous decree in a suit by A against C (where C also claimed the same right of way) is relevant to the current case. But that earlier decree is not conclusive proof that the right of way actually exists.

Official Text

Judgments, orders or decrees other than those mentioned in section 35 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.

Sections referred to

Referred to by

Related Judgments

  • KETAN V. PAREKH vs SPECIAL DIRECTOR, DIRECTORATE OF ENFORCEMENT AND ANOTHER — Supreme Court of India (2011)
  • HINDUSTAN CONSTRUCTION COMPANY LIMITED & ANR.DIA & ORS. vs UNION OF INDIA — Supreme Court of India (2019)
  • Smart Timing Steel Limited; .. Claimant vs National Steel & Agro Industries Limited — Bombay High Court (Mumbai Principal Seat) (2017)
  • be carrying on business or occupied as; The Directors of Shivam Multim vs Prabhudas Liladhar Pvt. Ltd., a Company incorporated under the, 23-nmi — Bombay High Court (Mumbai Principal Seat) (2012)

Old <-> New Code Mapping

  • IEA §42 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35