Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter II
41. Relevancy of certain judgments in probate, etc., jurisdiction
Feedback & supportA final judgment, order or decree of a court, in the exercise of probate, matrimonial, admiralty or bankruptcy 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.
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
Evidence 41
evidence
“evidence” includes— (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence;
Such judgment, order or decree is conclusive proof—
that any legal character which it confers accrued at the time when the 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 the 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 the 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 the judgment, order or decree declares that it had been or should be his property.