On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 20/12/1997.
45. Judgments, orders or decrees other than those mentioned in sections 42, 43 and 44 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)
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 under section 498 of the Penal Code for enticing away C, A’s wife.
B denies that C is A’s wife, but the court convicts B.
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 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.
(d)
A is charged with theft and with having been previously convicted of theft.
The previous conviction is relevant as a fact in issue.
(e)
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.