LAW OF EVIDENCE 567
The question is not merely academic. It is of great practical importance. It goes to the root of the question of the jurisdiction of the Court. If a territory is not a part of British India then it is not subject to the Jurisdiction of any Court.
Provision was made in Section 113. It said that a notification in the Gazette of India that a British Territory has been ceded to any native State Prince or Ruler should be taken as a conclusive proof that a valid cession of such territory took place at the date mentioned.
This Section has been declared to be ultra vires of the Indian Legislature and therefore void and of no legal effect by the Privy Council.
Bombay 367 Damodar Gordhan vs. Deoram Kanji. P.O . 1876
The Governor General in Council being precluded by the 24-25 Vic. O. 67 Sec. 22 from legislating directly as to sovereignty or dominion of the crown on any part of its territory in India or as to the allegiance of British subjects cannot by legislative Act (E. G. Evidence Act. S. 113) purporting to make a notification in the Government Gazette conclusive proof of a cession of territory, exclude judicial enquiry as to the nature and lawfulness of that cession.
Judgements as conclusive Proof.
Just as certain facts are deemed to be conclusive proof of certain other facts, similarly the Evidence Act treats certain Judgements as conclusive on certain issues. Sec. 41.
The judgements which are declared to be conclusive are :—
(1) Final Judgement, order or decree of a Competent Court in the exercise of
(1) Probate
(2) Matrimonial
(3) Admirality
(4) Insolvency Jurisdiction
which confers a legal character or takes away a legal character or declares a person to be entitled to a legal character or to a thing not against any specified person but absolutely.