JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT (S.

40-44)

PRINCIPLE: Although judgments being public transactions of

solemn nature are presumed to be faithfully recorded, but as a
general principle of law, judgments whether previous or
subsequent are not relevant in any case of proceeding. The reason
is that every case has to be decided upon its own fact as they exist
between the parties to it and not by reference of the judgments of
other cases, for instance in a case where A has been tried for a crime
against B, and was acquitted, Now if A sues B for malicious
prosecution, then over here the previous judgment is a conclusive
piece of evidence of A's acquittal, however it cannot be a proof that
A was innocent. The reason is simple, there can be many reasons
for acquittal, i.e. for instance it might have been on any ground that
are technical or on benefit of doubt. So, the case of malicious
prosecution must be decided on its own merits.

Thus, as a matter of general principle the judgment of a previous

case is not relevant in another case. But some exceptions have been
provided in Secs. 40 to 42, where the judgment may be relevant in
another case. But if a judgment is not relevant under Secs. 40 to 42,
then it will not be relevant under any other provision of the
Evidence Act.

Exceptions when Previous Judgements are Relevant

1. Judgment having the effect of Res Judicata (Sec. 40)
2. Judgment in rem (Sec, 41)
• Probate
• Matrimonial
• Admiralty
• Insolvency
3. Judgments upon matters of public nature. (Sec. 42)
4. When judgment is a fact in issue or is a relevant fact. (Sec.
43)

PREVIOUS JUDGMENTS RELEVANT TO BAR A SECOND

SUIT OR TRIAL (SEC. 40)

A Judgment, which has the effect of res judicata is relevant in every

case. The principle of res judicata is based upon public policy i.e.,
there should be an end to litigation.

Sec. 11 of the C.P.C embodies the principle of res judicata. This

doctrine means that final judgement of a competent Court of law
may not be again disputed on the issue which has been settled
between the parties or their successor in any subsequent legal
proceeding. Section 40 makes the evidence of res judicata
admissible under the evidence act.

The same principle applies to criminal proceedings {double

jeopardy, S. 300 Cr.P.C and Article 20(3)}