Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
45. Judgments, etc., other than those mentioned in sections 42, 43 and 44 when relevant
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Judgments, orders or decrees other than those mentioned in sections 42, 43 and 44 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 sue 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 are 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 C’s justification. The fact is irrelevant as between B and C. (b) [Deleted by Act 15 of 2019]
fact in issue
“fact in issue” includes any fact from which either by itself or in connection with other facts the existence, non‑existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows;IllustrationA is accused of the murder of B.At A’s trial the following facts may be in issue:(a)that A caused B’s death;(b)that A intended to cause B’s death;(c)that A had received grave and sudden provocation from B;(d)that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature.
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. (d) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (e) 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.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(b)any mental condition of which any person is conscious;Illustrations(a) That there are certain objects arranged in a certain order in a certain place is a fact.(b) That a man heard or saw something is a fact.(c) That a man said certain words is a fact.(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.(e) That a man has a certain reputation is a fact.