Section 35 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 35 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the relevancy and conclusive proof of certain judgments rendered by courts or tribunals exercising probate, matrimonial, admiralty, or insolvency jurisdiction.
📜 Section 35: Relevancy of Certain Judgments in Probate, Matrimonial, Admiralty, and Insolvency Jurisdiction
Subsection (1): Relevance of Specific Judgments
A final judgment, order, or decree from a competent court or tribunal in the exercise of probate, matrimonial, admiralty, or insolvency jurisdiction is relevant when:(indiankanoon.org)
It confers upon or takes away from any person any legal character.
It declares any person to be entitled to any such character.
It declares any person to be entitled to any specific thing, not as against any specified person but absolutely.(vidhiadda.com, indiankanoon.org, indiankanoon.org)
These judgments are considered relevant when the existence of any such legal character or the title of any person to any such thing is in question. (indiankanoon.org)
Subsection (2): Conclusive Proof of Legal Effects
Such judgments, orders, or decrees are conclusive proof that:(vidhiadda.com)
Any legal character conferred accrued at the time when the judgment, order, or decree came into operation.
Any legal character to which a person is declared entitled accrued to that person at the time declared by the judgment, order, or decree.
Any legal character taken away from a person ceased at the time from which the judgment, order, or decree declared it had ceased.
Anything declared to be the property of a person was their property at the time from which the judgment, order, or decree declared it had been or should be their property. (jurisquest.com, indiankanoon.org)
🧾 Summary Table
| Judicial Area | Relevance |
|---|---|
| Probate | Confirms or denies a person's legal status as a spouse, heir, or executor. |
| Matrimonial | Establishes or terminates marital status and associated rights. |
| Admiralty | Determines ownership or entitlement to maritime property or rights. |
| Insolvency | Declares a person's insolvency status and the distribution of assets. |
In essence, Section 35 ensures that judgments in these specific areas are not only relevant but also serve as conclusive proof regarding the legal status or entitlements of individuals, thereby providing clarity and certainty in legal proceedings.
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