Section 37 BSA Explained – Relevancy of Judgments in Evidence Law Introduction The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the new evidence law of India that replaced the old evidence framework. It explains which facts are relevant or irrelevant in court proceedings. One important provision is Section 37 BSA , which deals with the relevancy of judgments, orders, and decrees of courts . This section clarifies when such judgments can be used as evidence in another case. In this blog, we will understand Section 37 BSA in very simple language with examples. Meaning of Section 37 BSA Section 37 states that judgments, orders, or decrees of courts , other than those mentioned in Sections 34, 35, and 36, are generally irrelevant in a case. However, they may become relevant in two situations : When the existence of that judgment itself is a fact in issue. When the judgment becomes relevant under some other provision of the Act. In simple words, not every court judg...
Doctrine of Lis Pendens: Introduction In the complex world of property law, disputes often arise over ownership, possession, or transfer of immovable assets. To ensure that justice is not undermined during litigation, the Indian legal system recognizes the Doctrine of Lis Pendens , codified under Section 52 of the Transfer of Property Act, 1882 . This doctrine, rooted in equity and public policy, prevents parties from alienating property while a case concerning it is pending in court What Does Lis Pendens Mean? The term Lis Pendens originates from Latin, meaning “pending litigation.” In simple terms, it implies that once a dispute over property has been brought before a competent court, neither party can transfer or deal with that property in a way that prejudices the rights of the other. This doctrine is not about voiding transfers but about ensuring that any such transfer remains subject to the court’s final decision . Key Ingredients of the Doctrine For the doctrine to apply, cert...