41. Relevancy of certain judgments in probate etc., jurisdiction.

A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take 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 legal character, or the title of any such person to any such thing, is relevant. 

Such judgment, order or decree is conclusive proof –
That any legal character which it confers accrued at the time when such judgment, order or decree come into operation;
That any legal character to which it declares and 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;
That any legal character to which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had cased or should cease.
And that 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.

Read the Indian Evidence Act in a beautiful, systematic way.
Download beautiful, colourful PDF for Evidence Act.

Bare Act PDFs
WL Staff
WritingLaw » Evidence Act, 1872 » Section 41 Evidence Act Law Study Material
If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. You will love them. You may also support us with any amount you like. Thank You.