Bharatiya Sakshya Adhiniyam, 2023
BSA Section 35
Relevancy of certain judgments in probate, etc., jurisdiction
In one line
BSA Section 35 deals with relevancy of certain judgments in probate, etc., jurisdiction and replaces Evidence Act 41.
Bare act text — BSA 35
35. Relevancy of certain judgments in probate, etc., jurisdiction.
(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.
What changed from the Evidence Act
- Evidence Act 41 → BSA 35: The word "Tribunal" is added.
- Evidence Act 41 → BSA 35: Paragraph "Such judgment, order or decree is conclusive proof that" is given as subsection (2) and conditions under this are enumerated as (i), (ii), (iii), and (iv).
- Evidence Act 41 → BSA 35: The word "that" is excluded.
Frequently asked
What was BSA Section 35 in the Evidence Act?
BSA Section 35 (Relevancy of certain judgments in probate, etc., jurisdiction) replaces Section 41 of the Indian Evidence Act, 1872. Evidence Act 41 is now BSA 35.
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Nearby BSA sections
- BSA 30 — Relevancy of statements in maps, charts and plans
- BSA 31 — Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- BSA 32 — Relevancy of statements as to any law contained in law books including electronic or digital form
- BSA 33 — What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- BSA 34 — Previous judgments relevant to bar a second suit or trial
- 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
- BSA 39 — Opinions of experts
- BSA 40 — Facts bearing upon opinions of experts