For the purposes of the Bharatiya Sakshya Adhiniyam, 2023, which of the following are 'judgement in rem'?
Section 35 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 41 of the Indian Evidence Act, 1872) gives the specified conclusive effect to a competent court’s final…
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For the purposes of the Bharatiya Sakshya Adhiniyam, 2023, which of the following are 'judgement in rem'?
Answer and explanation
Correct answer B
Section 35 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 41 of the Indian Evidence Act, 1872) gives the specified conclusive effect to a competent court’s final probate, matrimonial, admiralty or insolvency judgment conferring or removing the relevant legal character or absolute entitlement. These are the listed judgments in rem. A judgment is not necessarily in rem merely because it is declaratory, criminal or delivered by the Supreme Court.
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