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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
42. 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 inquiry; 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.

  • 1
    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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