3. Insertion of sections 41a, 4]1B and 4lc in the principal enactment
Feedback & supportOfficial English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
The following sections are hereby inserted after section 41, and shall have effect as sections 41a, 41B, and 41c respectively of the principal enactment :—
2—D 047379——13,550(03/98)
“Relevancy of judgments convictions, proceedings.
41a.
&e. recording
Where in an action for defamation, the question whether any person committed a criminal offence is a fact in issue, a judgment of any court in Sri Lanka recording a conviction of that person for that criminal offence, being a judgment against which no appeal has been preferred within the appealable period or which has been finally affirmed on appeal, shall be relevant for the purpose of proving that such person committed such offence, and shalt be conclusive proof of that fact.
in civil
Without prejudice to the provisions of subsection (1), where in any civil proceedings, the question whether any person, whether such person is a party to such civil proceedings or not, has been convicted of any offence by any court or court martial in Sri Lanka, or has committed the acts constituting an offence, is a fact in issue, a judgment or order of such court or court martial recording a conviction of such person for such offence, being a judgment or order against which no appeal has been preferred within the appealable period, or which has been finally affirmed in appeal, shall be relevant for the purposes of proving that such person committed such offence or committed the acts constituting such offence.
In this section-—
“Court Martial” sneans a Court-Martial constituted under the Arny Act or the
Navy Act or the Air Force Act and the”
expression “conviction” when used in relation to 4 Court Martial, ineans a conviction by such Court Mactia!
confirmed in accordance with the provisions of the law und2r which such
Court Martial was constitiied.
Relevancy of judgment &c.
findings of adultery in
Proceedings.
41.
recording
Where in any civil proceedings, the question whether any person, whether such person 1S a party to such civil proceeding or not, has committed adultery is a fact in issue, any judgment, decree or order in any matrimonial proceedings recording a finding that such person has been found guilty of adultery, being a decree,
Judgment or order from which there has been no appeal within the appealable period or which has been finally affirmed in appeal, shall be relevant for the purpose of proving that such person committed such adultery,
Civil
In this section, “matrimonial proceedings”
means an action for divorce a vinculo matrimonii
Or separation a mensa et thoro or proceedings had before a District Registrar pursuant to an application made to such District Registrar under section 33 of the Kandyan Marriage and Divorce
Act or proceedings had before a Quazi or Special
Quazi pursuant to an application for divorce made under the Muslim Marriage and Divorce Act.
Hlustrations
B injures C while driving A's car in the course of B's employment with A.
B ts convicted for careless driving.
In an action for damages instituted by
C against A and B, B’s conviction is relevant.
A obtains a decree for divorce against B on the ground of B’s adultery with C. C’s wife sues C for divorce on the ground of
C’s adultery with B. The divorce decree is relevant to prove B’s adultery with C.
prevail in case of inconsistency.
Relevancy of = 4}, (1) Where in any civil proceedings, the
Judgments question whether any person, whether such person recording is a party to such civil proceeding or not, is the findings of — father of a child is a fact in issue, an order entered paternity in in any maintenance proceedings recording a
Cwil finding that such person is the father of such child,
Proceedings, being an order from which there has been no appeal within the appealable period or which has been finally affirmed in appeal, shal! be relevant for the purposes of proving that such person is the father of such child.
In this section, “maintenance proceedings”
mean proceedings had before a Magistrate pursuant to an application made to such
Magistrate for an order under section 2 of the
Maintenance Ordinance or proceedings had before a Quazi pursuant to a claim made to such
Quazi by, or on behalf of, a child, under the
Muslim Marriage and Divorce Act.’.