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​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Relevancy and Effect of Judgments, Orders or Decrees, Other Than Those Mentioned in Section 35 (Section 36)
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1. Basic Principle of Section 36Under Section 36 of the Bharatiya Sakshya Adhiniyam, the law provides that:
Judgments, orders, or decrees (other than those covered under Section 35) are relevant if they relate to matters of a public nature relevant to the inquiry.
However:
👉 Such judgments are not conclusive proof
👉 They only act as evidence, requiring further supporting proof

2. Scope of the Provision
  • Applies to judgments relating to public rights or matters affecting the community
  • These judgments:
    • Are admissible as evidence
    • Do not bind the court conclusively
Public Nature Includes
  • Right of way
  • Local customs
  • Community rights (e.g., succession, pre-emption)

3. Illustration ExplainedRight of Way Example
  • A sues B for trespass
  • B claims a public right of way
  • B produces a previous judgment supporting that right
👉 Result:
  • ✔ Judgment is relevant
  • ❌ Not conclusive proof
👉 Court must still independently verify the right

4. Key Distinction (Sections 34, 35 vs Section 36) – Note FormSection 34 (Judgment in Rem)
  • Applies to:
    • Legal status (e.g., marriage, insolvency, probate)
  • Nature:
    • Conclusive proof
  • Effect:
    • Binding on all persons (not just parties)

Section 35 (Certain Public Judgments)
  • Applies to:
    • Judgments relating to public matters
  • Nature:
    • Conclusive proof
  • Effect:
    • Court must accept as final

Section 36 (Current Section)
  • Applies to:
    • Judgments relating to public nature
  • Nature:
    • Relevant but NOT conclusive
  • Effect:
    • Only persuasive evidence
    • Requires corroboration

5. Modes of Proving Public Rights (e.g., Right of Way)Public rights may be proved through:
  • Government records
    (e.g., settlement maps showing pathways)
  • Previous judgments
    (admissible under Section 36 as evidence)
  • Documents or transactions
    showing recognition or exercise of the right
  • Opinion evidence
    (under Section 42 – persons likely to know the right)

6. Key Legal Principle👉 Judgments under Section 36 are admissible as evidence but do not conclusively establish the rights they refer to.

7. Purpose of Section 36
  • Allows courts to consider:
    • Prior recognition of public rights
  • But ensures:
    • Final decision is based on independent evaluation

8. Key Takeaways
  • Section 36 deals with public nature judgments
  • Such judgments are:
    • ✔ Relevant
    • ❌ Not conclusive
  • They serve as:
    • Supporting evidence only

One-Line Summary👉 Judgments relating to matters of public nature are relevant but not conclusive, and must be supported by independent evidence.
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