§ SECTION 35 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Relevancy of certain judgments in probate, matrimonial, admiralty and insolvency jurisdiction

Judgments in rem: a final decree of a competent Court in probate, matrimonial, admiralty or insolvency jurisdiction that confers, removes or declares a legal character or title absolutely is relevant — and conclusive proof of that status and its timing.

How to read Section 35

A status fixed for the whole world.

Which courts

A competent Court or Tribunal in probate, matrimonial, admiralty or insolvency jurisdiction — the four in rem jurisdictions.

What it does

Confers, removes or declares a legal character, or entitlement to a specific thing — absolutely, against all.

Its force

Relevant when the status/title is in issue — and conclusive proof of it and of when it began or ended.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 35 · verbatim

(1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.

(2) Such judgment, order or decree is conclusive proof that—

(i)any legal character, which it confers accrued at the time when such judgment, order or decree came into operation;

(ii)any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person;

(iii)any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and

In short: a handful of courts decide questions of status — who is validly married, who may administer an estate, whether a person is insolvent, whether a ship is condemned. Because such a status must be the same for everyone, these judgments bind the whole world and are conclusive — including on exactly when the status began or ended.

→ This carries forward IEA 1872 § 41 — the classic “judgments in rem” provision.

Glossary

judgment in rem

A decision on a status or thing that binds the whole world — not merely the parties before the court.

legal character

A legal status — heir, executor, spouse, insolvent — that the law attaches consequences to.

probate · matrimonial · admiralty · insolvency

The four jurisdictions whose judgments this section makes conclusive — wills, marriage, ships, insolvency.

not as against a specified person but absolutely

The decision holds against everyone, not just one named opponent — the hallmark of in rem.

conclusive proof

Proof the Court must accept and will not allow to be disproved — contrast an admission (§ 25).

accrued · ceased

When a status began or ended — the timing that clauses (i)–(iv) make conclusive.

The picture

A judgment in rem binds everyone — conclusively.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleConclusive proofJudgments in rem

the ruleJudgments that fix a status for everyone

In one lineA final judgment in one of four special jurisdictions — probate, matrimonial, admiralty, insolvency — that confers, removes or declares a legal status or title absolutely is relevant when that status or title is in issue.

A final judgment, order or decree of a competent Court or Tribunal,a final decisiona final judgment, order or decree of a competent Court or Tribunal…

in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction,★ the four jurisdictions…given in one of four special jurisdictions — probate, matrimonial, admiralty, insolvency…

which confers upon or takes away from any person any legal character,confers / takes a legal status…that grants or removes a legal status (heir, spouse, insolvent)…

or which declares any person to be entitled to any such character, or to be entitled to any specific thing,or declares status / title to a thing…or declares someone entitled to such a status, or to a specific thing…

not as against any specified person but absolutely,⚠ absolutely · in rem…not merely against one named person, but against the whole world (a judgment in rem)…

is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.→ relevant when status/title in issue…is relevant whenever that legal status or title is in question.

ExampleA probate court grants probate of a will, declaring X the executor. When X’s authority is later questioned in any suit, that probate decree is relevant — it fixed his character absolutely, against everyone.

✗ Not thisIt must be one of the four in rem jurisdictions, and the decision must operate absolutely — not just against one named person. An ordinary civil decree between two parties is in personam, not this section.

conclusive proofNot just the status — the timing too

In one lineThe decree is conclusive proof of when a status or title began (i, ii), ended (iii), or was owned (iv) — fixed by the judgment, and beyond contradiction.

Such judgment, order or decree is conclusive proof that–⚠ conclusive proofthe judgment is conclusive proof (it cannot be contradicted) of four things — each about when a status or title began or ended…

(i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation;(i) conferred → from when it operateda status it confers began when the judgment took effect.

(ii) any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person;(ii) declared → from the declared timea status it declares began at the time the judgment says it did.

(iii) any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and(iii) removed → ends at the declared timea status it removes ended at the time the judgment fixes.

(iv) anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.(iv) title → owned from the declared timea thing it declares someone entitled to was his property from the time the judgment fixes.

ExampleAn insolvency adjudication declares D an insolvent from a stated date. It is conclusive proof that D’s insolvent character accrued on that date — and that the property vested accordingly from the time the order fixes; no one may prove a different date.

✗ Not this“Conclusive” is the strong word — unlike an admission (§ 25, never conclusive), this cannot be contradicted. But it is conclusive only on the status, title and their timing — not on every incidental fact the court may have mentioned.

judgments in remWhy these bind everyone

In one lineThese are judgments in rem — they settle a status or title against the whole world, not just the parties, so everyone is bound by them.

in rem — binds the whole worldin rem · against alldecides a status or title good against all — not just the named opponent.

only in probate, matrimonial, admiralty or insolvencythe four jurisdictionsand only in those four special courts — elsewhere a judgment binds only the parties.

ExampleProbate of a will (executor’s character), a matrimonial decree of nullity, an admiralty condemnation of a ship, an insolvency adjudication — each binds everyone, not just one relative or claimant.

✗ Not thisAn ordinary civil decree — say, on a debt — binds only the parties: that is in personam, and it belongs to § 34 / § 36, not here. § 35 is only for the four in rem jurisdictions.

Connected provisions

§ 34

IEA 1872, § 41

Carried forward — the classic judgments in rem section.

Bharatiya Sakshya Adhiniyam, 2023 — Section 35: Judgments in rem (probate, matrimonial, admiralty, insolvency)