568 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Are conclusive Proof:
(1) That the legal character as given or taken away.
(2) That it is given or taken away on the date of the Judgement.
Section 41.
This section deals with use of Judgements of Courts of Law for the proof or disproof of certain questions.
Question is:
(1) The right of a person to a certain status
(2) When did such right accrue to him.
Question is :
Did (1) A particular person cease to have a status
(2) If so, when.
Question is whether any particular person was entitled to a certain property.
The Section declares that certain Judgements will be conclusive evidence of these facts.
What are these Judgements :
(1) It must be a Judgement of a Competent Court.
(2) It must be a Judgement in the exercise of
(i) Probate
(ii) Matrimonial
(iii) Admirality
(iv) Insolvency
Which declares conferring or taking away of a legal character on or from any person.
Which declares a person entitled to any specific thing not against any specified person but absolutely.
If it is a final Judgement, order or decree.
Probate Jurisdiction.
The Courts exercise testamentary and intestate jurisdiction under:
(1) Indian Succession Act.
(2) The Hindu Wills Act.