Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this Act.
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of them. C in
each case says that the matter alleged to be libellous is true, and the
circumstances are such that it is probably true in each case, or in neither.
A obtains a decree against C for damages on the ground that C failed to make out his justification.
The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A's wife.
B denies that C is As wife, but the Court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime.
C says that she never was A's wife.
The judgment against B is irrelevant as against C.
(c) A prosecutes B for stealing
a cow from him. B is convicted.
A afterwards sues C for the cow, which B had sold to him before his conviction.
A's between A and C, the judgment against B is irrelevant.
(d) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence.
The existence of the judgment is relevant, as showing motive for
a crime.
1[(e) A is charged with theft and with having been previously convicted of
theft. The previous conviction is relevant as a fact in issue.
(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.]
-----------------------
1. Ins. by Act 3 of 1891, s. 5.
Section 41 Relevancy of certain judgments in probate, etc., jurisdiction
Section 43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
Section 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45 Opinions of experts
Section 45A Opinion of Examiner of Electronic Evidence
Section 46 Facts bearing upon opinions of experts
Section 47 Opinion as to handwriting, when relevant
Section 47A Opinion as to digital signature, when relevant
Section 48 Opinion as to existence of right or custom, when relevant
Section 49 Opinion as to usages, tenets, etc., when relevant