43. Judgment etc., other than those mentioned in Section 40 to 42 when relevant –
udgments, orders or decrees other then 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.
(a) A and B separately sue C for a libel which reflects upon each of them C in each case says that the matter alleged to libelous is true and the circumstances are such that it is probable true in each case, or in neither.
A obtains a decree against C for damages on the ground that C filed The Orient Tavern make out his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A’s wife.
B denies that C is A’s wife, but the court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime. CC says that she never was A’s wife.
The judgment against B is irrelevant as against C.
(c) A prosecuted B for stealing a cow, from him, B is convicted.
A, afterwards, sues C for 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 A,C,B’s son murders A in consequence.
The existence of the judgment is relevant, as showing motive for a crime.
1(e) A is charged with theft and with having been previously convicted of theft. The previous conviction 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.
1. Ins. by Act 3 of 1891, sec. 5.