Section 40: Previous judgments relevant to bar a second suit or trial

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

2 questions in 17 of our papers cite Section 40. Try these from the free papers:

1. 1. Under Section 34 of the BSA, the existence of a judgment, order or decree which by law prevents a Court from taking cognizance of a suit or holding a trial is a relevant fact:

   A.only when both parties consent to its production before the Court at the hearingB.only when the earlier judgment was delivered in the exercise of probate or insolvency jurisdictionC.when the question is whether such Court ought to take cognizance of such suit or hold such trialD.in every subsequent proceeding, whether or not the same parties or the same matter are involved
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