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Indian Evidence Act, 1872

Section 41

Relevancy of certain judgments in probate, etc., jurisdiction

Quick Answer Reference: Section 41 IEA

  • Provision: Section 41 of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 41 of IEA say?

A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial admiralty or insolvency jurisdiction which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgment, order or decree is conclusive proof— that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; that any legal character, to which it declares any such person to be entitled, accrued, to that person at the time when such judgment, order or decree declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.

Indian StandardSection 41, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 41 (India)
Court Pleading StandardSection 41 of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/41

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

Common Questions about Section 41 IEA

What is Section 41 of IEA?

Section 41 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Relevancy of certain judgments in probate, etc., jurisdiction". The section states: A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial admiralty or insolvency jurisdiction which confers upon or takes away from any perso...

Landmark Case Laws

Landmark Judgments under Section 41 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)

2017 10 SCC 1

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 41