Section 40 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

Facts bearing upon opinions of experts. 40. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustrations. (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain … Read more

Section 39 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

Opinions of third persons when relevant Opinions of experts. 39. (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign … Read more

Section 38 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. 38. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent … Read more