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Indian Evidence Act, 1872

Section 40

Previous judgments relevant to bar a second suit or trial

Quick Answer Reference: Section 40 IEA

  • Provision: Section 40 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 40 of IEA say?

The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.

Indian StandardSection 40, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 40 (India)
Court Pleading StandardSection 40 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/40

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 40 IEA

What is Section 40 of IEA?

Section 40 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Previous judgments relevant to bar a second suit or trial". The section states: The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether ...

Landmark Case Laws

Landmark Judgments under Section 40 IEA

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 40