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14/07/2024
Laws of Bangladesh

1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

Judgments, etc., other than those mentioned in sections 40 to 42, when relevant

43. Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act.

 
 

Illustrations

 
 

(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither.

 
 

A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.

 
 

(b) A prosecutes B for adultery with C, A's wife.

 
 

B denies that C is A's wife, but the Court convicts B of adultery.

 
 

Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife.

 
 

The judgment against B is irrelevant as against C.

 
 

(c) A prosecutes B for stealing a cow from him. B is convicted.

 
 

A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.

 
 

(d) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence.

 
 

The existence of the judgment is relevant, as showing motive for a crime.

 
 

(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.

 
 

(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.


  • 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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