Under Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, evidence of Judgement, order or decree can…
Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 44 of the Indian Evidence Act) allows a party to show that a judgment, order or decree relevant under…
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Under Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, evidence of Judgement, order or decree can be challenged on the ground of:
Answer and explanation
Correct answer D
Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 44 of the Indian Evidence Act) allows a party to show that a judgment, order or decree relevant under sections 34–36 was delivered by an incompetent court or obtained through fraud or collusion. Each listed defect is therefore recognized; the choices confined to only one ground are incomplete. This provision permits proof of the specified defect rather than making every unfavourable judgment open to collateral retrial.
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