Judgements when relevant

A builder loses a suit against a housing society in the Bombay City Civil Court, and the decree is final. Two years later he files the same suit again. The society does not need to prove the whole case a second time; it only needs to show the earlier judgment. Elsewhere, a court declares a couple divorced, and that judgment binds everyone, not just the two of them. Sections 34 to 38 of the Bharatiya Sakshya Adhiniyam, 2023 say when a judgment of one court may be used in another, and with what force.

In two minutes

Sections 34 to 38 of the Bharatiya Sakshya Adhiniyam, 2023 make earlier judgments relevant to bar a second suit or trial (s.34), as conclusive proof of legal character in probate, matrimonial, admiralty and insolvency matters (s.35), as relevant but not conclusive proof on matters of a public nature (s.36), and otherwise irrelevant unless they are in issue or relevant under another section (s.37); fraud, collusion or incompetence may be shown against them (s.38).

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