43. Judgments, etc. other than those mentioned in sections 40 to 42, when relevant.
- Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42 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 and B separately use 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 arc 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 13 for adultery with C, A's wife.B denies that is A's wife, but the Court convicts B of adultery.Afterwards, C is prosecuted for bigamy in during A s lifetime, C says that she never was A's wife.The judgment against B is irrelevant as against C.(c)A prosecutes B for stealing a cow from him, B is convicted.A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.(d)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.(e)A is charged with theft and with having been previously convicted of theft. The previous is relevant as a fact in issue.(f)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.
