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 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 his justification. The fact is irrelevant as between B and C.
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. C says that she never was A' s wife. The judgment against B is irrelevant as against 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.
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.
1[ A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.
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.]