620 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(3) Tolls.
(4) Boundaries.
(5) Rights of Ferry.
(6) Sea Walls etc.
(III) Exception Sec. 43 . Under this section Judgments in personam are admissible as between strangers under two circumstances
(i) Where the existence of such judgment is a fact in issue.
(ii) Where the Judgment is relevant under some other provision of the Evidence Act.
Comment:
- The first circumstance is easy to conceive.
Illus.
(1) A sued B for slander in saying that he had been convicted of forgery. B justified it upon the ground that it was true.
The conviction of A forgery would be a fact in issue and a judgment supporting his conviction would be admissible also. B was not a party to that judgment.
(2) A Judgment against a surety obtained by the creditor will be admissible in a suit by the surety against the principal debtor although the principal debtor was not a party to it.
(3) Upon a trial for intentionally giving false Evidence in a Judicial proceedings the record will be evidence that there was a Judicial proceedings.
- It is the second circumstance which has created difficulty. What are the sections under which a judgment is likely to be relevant ?
Un der sec. 7—Show cause, occasion.
Under sec. 8—Motive conduct.
Under sec. 9—Facts necessary to explain relevant facts.
Under sec. 11—Facts inconsistent.
Under se c. 13—Transaction.